News & Analysis as of September 25, 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 -

NLRB Finalizes Rollback of Trump-Era Union Election Changes

Benesch on 8/25/2023

As we previously wrote, five Trump-era changes to the union election process were contested in a lawsuit brought by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). In a January 2023...more

NLRB Returns to Obama-Era Microunit Standard

Perkins Coie on 12/22/2022

On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more

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

The Biden Era Of Labor Law Change – The Shift To Organized Labor

Constangy, Brooks, Smith & Prophete, LLP on 1/21/2021

Labor law, along with other employment-related policy matters, is at the forefront of the political, economic, and oftentimes cultural divide in the nation. With the change in Presidential administrations, some knowledgeable...more

December 2020: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 1/6/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Beltway Buzz - June 2020 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/29/2020

Administration Limits Nonimmigrant Visas. On June 22, 2020, President Trump issued a Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. The proclamation...more

USMCA's rapid-response labor mechanism

Hogan Lovells on 2/11/2020

The United States-Mexico-Canada Trade Agreement (USMCA) is noteworthy for its novel “facility specific rapid response labor mechanism” (the Rapid Response Mechanism or Mechanism). The Mechanism permits the United States or...more

Labor Gets Wishlist Bill Passed In House

Fisher Phillips on 2/11/2020

The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more

[Event] Master Class - Labor Relations and Employment: The Only Constant Is Change - February 27th, San Francisco, CA

BakerHostetler on 12/10/2019

Please join us for BakerHostetler's “Labor Relations and Employment: The Only Constant Is Change” Master Class. This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline...more

NLRB Does What Every Watcher Expected It To Do: Declares That Teaching And Research Assistants Are Not Employees…And Does So In A...

Bricker Graydon LLP on 9/28/2019

In the latest volley across the partisan line in the saga of whether college teaching and research assistants can unionize, the National Labor Relations Board (NLRB) released a proposed rule that would deny the ability to...more

NLRB: Proposed Micro-Unit of Boeing Mechanics Is Not Going to Fly

ArentFox Schiff on 9/18/2019

In a 3-1 representation case, the National Labor Relations Board recently continued its roll-back on Obama-era precedents, invalidating a 180-member “micro-unit” of Boeing mechanics. The Board held in The Boeing Company and...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 Overturns Obama-Era Limitation on Employers' Ability to Implement Changes in Union Workplaces

Payne & Fears on 1/29/2018

The National Labor Relations Board has overturned E.I. du Pont de Nemours, 364 NLRB No. 113 (2016), a 2016 decision that limited changes employers could implement in union workplaces. The Board’s reversal means that...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

Trump NLRB Reverses Rule on 'Micro-Units,' Continues Overhaul of Obama-Era Rulings

Foley & Lardner LLP on 1/3/2018

As we discussed last week, the National Labor Relations Board (NLRB) has been working hard during the holiday season to reverse landmark decisions issued by the Obama-era Board. The Board’s efforts to reshape federal labor...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

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

Proposed Joint Employment Law Clears Important Hurdle, Passes House

Fisher Phillips on 11/8/2017

By a vote of 242 to 181, the House of Representatives passed the “Save Local Business Act” today, a bill that would significantly narrow the definition of “joint employment” and limit employers’ wage and labor problems. HR...more

Upcoming SCOTUS Term Promises To Be A Blockbuster

Fisher Phillips on 10/7/2017

If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more

What is going on at the NLRB and Why Should You Care?

Bradley Arant Boult Cummings LLP on 10/5/2017

Why the NLRB is in the News - The National Labor Relations Board (NLRB or the Board), the federal agency responsible for enforcing the National Labor Relations Act (NLRA), was very active during the Obama administration in...more

Student-Employee Unions: Should Universities Expect a Double U-Turn?

Fisher Phillips on 9/12/2017

Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their...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

Senate HELP Committee Questions NLRB Nominees on Higher Education Issues

Hogan Lovells on 7/19/2017

During the Obama Administration the National Labor Relations Board (“NLRB” or the “Board”) opened wider the gates of private colleges and universities to organized labor. In 2014 the Board made it easier for faculty to...more

U.S. Chamber of Commerce Report Catalogs Extensive Extreme Activity by Obama Era National Labor Relations Board

McGuireWoods LLP on 3/7/2017

Last week, the United States Chamber of Commerce issued a report intended to provide a blueprint to the Trump administration as it looks toward formulating a labor relations agenda. “The Record of the National Labor...more

[Event] Master Class: Labor and Employment Law Under the Trump Administration - Jan. 25th, Washington, D.C.

BakerHostetler on 1/10/2017

Please join us for BakerHostetler's “Labor and Employment Law Under the Trump Administration.” This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline issues that will be...more

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