News & Analysis as of September 26, 2024

Trump Administration

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Appeals Court’s Joint Employer Ruling Provides Possible Roadmap for Overturning Trump Rule

Benesch on 8/4/2022

The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more

Another Shift on Joint Employment and Independent Contractors

Holland & Knight LLP on 1/12/2021

Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

NLRB Finalizes Joint Employer Rule to Take Effect on April 27, 2020

Benesch on 2/26/2020

The National Labor Relations Board (“NLRB”) announced this morning that its final rule outlining the legal test for determining a joint employer will be published in the federal register tomorrow, February 26, 2020, and...more

EEOC Joins in the Holiday Festivities by Adding Proposed Joint-Employer Rulemaking to its ‘To Do’ List

Foley & Lardner LLP on 12/3/2019

In mid-November, the Trump administration published its fall agenda. Of interest to employers, that agenda included a notice from the Equal Employment Opportunity Commission (EEOC) that it intends to clarify its...more

Your Daily Dose of Financial News

Robins Kaplan LLP on 1/14/2019

More than 800,000 government employees missed their first paycheck last Friday because of the continuing government shutdown. But the pain extends well beyond those workers and has put loads of government contractors in a...more

D.C. Circuit Partially Upholds Obama-Era Joint Employer Test

Parker Poe Adams & Bernstein LLP on 1/14/2019

Perhaps the top priority of the Trump-appointed National Labor Relations Board has been to reverse its predecessor’s decision in Browning-Ferris. This decision expanded the traditional notion of joint employment, giving the...more

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

Sheppard Mullin Richter & Hampton LLP on 4/27/2018

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

Working Wise: Recent Developments at the NLRB

K&L Gates LLP on 3/12/2018

In this episode, we review recent transitions at the National Labor Relations Board (NLRB) under President Trump, discuss four significant Board decisions issued in late 2017, and highlight what we should expect from the NLRB...more

NLRB Vacates Hy-Brand Decision

Steptoe & Johnson PLLC on 3/7/2018

On February 26, 2018, the National Labor Relations Board (“NLRB”) issued an Order vacating its decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017) (“Hy-Brand”). The decision...more

NLRB: Changing Winds Blow in Favor of Health Care Employers

Foley & Lardner LLP on 3/1/2018

The Trump administration’s mark is certainly evident at the National Labor Relations Board (NLRB) and health care employers are breathing a sigh of relief. The NLRB is a five member Board that decides cases governing most...more

Transportation Developments in Year 1 of the Trump Administration - President Touts New $1.5 Trillion Infrastructure Plan; A...

Holland & Knight LLP on 2/5/2018

In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more

2017 Was a Year of Change at the NLRB – but 2018 Promises Even Greater Changes

Epstein Becker & Green on 1/30/2018

In the months following Donald Trump’s inauguration, those interested in the National Labor Relations Board (“NLRB” or “Board”) waited anxiously for the new President to fill key positions that would allow the Board to...more

National Labor Relations Board Ends 2017 with a Flurry of Significant Decisions Reversing Recent Pro-Employee Precedents

Dechert LLP on 1/10/2018

Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes - Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more

FRANCHISOR 101: NLRB: Out With the New

Lewitt Hackman on 12/27/2017

On December 14, 2017, the National Labor Relations Board (Board) in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) expressly overruled the divisive joint-employer standard adopted by Browning-Ferris...more

Employment Flash - December 2017

Skadden, Arps, Slate, Meagher & Flom LLP on 12/22/2017

Recent NLRB Developments - This December 2017 special edition of the Employment Flash summarizes recent decisions issued by the National Labor Relations Board (NLRB) on December 14 and 15, 2017. These decisions are...more

NLRB reverses course on joint employers and employee handbooks

McAfee & Taft on 12/20/2017

Whether it’s investigations, interpretations or lawsuits, actions taken by the National Labor Relations Board significantly impact employers and how they run their businesses. Decisions made by the Labor Board can apply to...more

New Board Restores Proper Joint Employer Test

Sherman & Howard L.L.C. on 12/18/2017

Last week the newly constituted Trump Board overruled the Obama-era joint employer test that has caused confusion and legal uncertainty for many employers. ...more

New Labor Board GC Signals Overturning Obama-Era Rulings, But Anticipated Vacancies and Recusals Create Uncertainty

Sheppard Mullin Richter & Hampton LLP on 12/8/2017

On November 8, 2017, Peter B. Robb was sworn in as the General Counsel (GC) of the NLRB for a four year term. Robb succeeds Richard Griffin, who has been the GC since November 2013. Robb wasted no time in taking initial steps...more

Labor Relations Update: New NLRB General Counsel Poised to Undo Obama-Era Precedents

Sheppard Mullin Richter & Hampton LLP on 10/12/2017

Senate Republicans recently confirmed William Emanuel, the second Trump nominee to the five-member National Labor Relations Board (the “Board”), giving the Board a Republican majority for the first time since 2007. Mr....more

The Trump Board is All Aboard: EEOC Still at the Station

Foley & Lardner LLP on 10/4/2017

On September 25 the U.S. Senate confirmed the nomination of William Emanuel to the National Labor Relations Board (NLRB). This quickly followed the previous confirmation of Marvin Kaplan, thus bringing a full complement to...more

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

Fisher Phillips on 9/6/2017

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Expanded Joint Employer Standard Under Attack; What Employers Should Do in the Meantime

Foley & Lardner LLP on 4/20/2017

It appears that the days of expanded joint employer liability may be numbered, as the National Labor Relations Board’s (NLRB) 2015 Browning-Ferris decision comes under attack on multiple fronts....more

Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration

Mintz - Employment Viewpoints on 4/10/2017

As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following...more

Five Wage and Hour Questions: What’s “In Store” For 2017?

Seyfarth Shaw LLP on 3/7/2017

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

The Dissenter’s Uprising: Miscimarra to lead Republican-majority NLRB

Constangy, Brooks, Smith & Prophete, LLP on 3/1/2017

Philip A. Miscimarra was nominated to the National Labor Relations Board by President Obama in April 2013. Mr. Miscimarra was quickly confirmed by the Senate and began his term in August 2013. Previously a management-side...more

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