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National Labor Relations Board › Employer Liability Issues › The National Labor Relations Act

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... more +
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 -
Seyfarth Shaw LLP

Consent Orders Are Dead.

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Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than 50 years of the Board’s...more

Bradley Arant Boult Cummings LLP

SpaceX Exploration: Constitutional Challenge to NLRB Structure

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Following several complaints filed with the National Labor Relations Board (NLRB), SpaceX has mounted a constitutional challenge against the structure of the NLRB. Specifically, SpaceX contends that NLRB administrative judges...more

Sheppard Mullin Richter & Hampton LLP

NLRB Will No Longer Approve Employer Proposed Consent Orders

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As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and...more

Ballard Spahr LLP

NLRB Rolling Back More Rules from the Trump Administration

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In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

Sheppard Mullin Richter & Hampton LLP

California Assembly Committee Revives State’s Captive Audience Meeting Ban

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On August 15, 2024, the Appropriations Committee of the California State Assembly passed SB 399 by a vote of 10–3. The bill had passed the Senate in 2023 and has been with the Assembly since, waiting for action and a vote....more

Kelley Drye & Warren LLP

How Recent Changes to Administrative Law May Alter Labor and Employment Law as We Know It: NLRB

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In a previous article, we emphasized the potential impact of the recent Supreme Court decisions in Loper and Jarkesy on the future landscape of labor and employment law: imagine a world in which administrative agencies can no...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Implements Its Fair Choice – Employee Voice Final Rule – Effective September 30, 2024

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On July 26, 2024, the National Labor Relations Board (“Board”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which rescinds a trio of April 2020 amendments to the Board’s Rules and Regulations affecting...more

Parker Poe Adams & Bernstein LLP

Interview Exchange Leads to Unfair Labor Practice Claims

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This week, Elon Musk interviewed former President Trump on his social media platform X. During the interview, the two participants discussed their response to a hypothetical strike at Musk’s Tesla production facility. Trump...more

Bond Schoeneck & King PLLC

The NLRB Issues New Regulations - A New Assault On Employee Free Choice

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On July 26, 2024, the National Labor Relations Board (NLRB) issued a new final rule concerning blocking charges, the voluntary recognition bar and union recognition in the construction industry that, in Orwellian fashion, it...more

FordHarrison

Don’t Let Unions Sink Their Teeth into Your Property Rights

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July is the best month of the year. It’s warm everywhere, even in Chicago. I look forward to the al fresco dining, outdoor concerts, neighborhood block parties, cookouts with family, and the beach. And sharks. July seems to...more

Fisher Phillips

Illinois Joins Trend to Ban “Captive Audience” Meetings: 5 Steps Employers Can Take to Comply

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Illinois just became the latest state to ban employers from holding mandatory meetings with employees concerning religious or political matters, including discussions on union representation. Such employer-sponsored meetings,...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

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It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Littler

Illinois Makes Move to Ban Employer-Sponsored Meetings

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For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing...more

Bradley Arant Boult Cummings LLP

TIPS at the Coffee Shop: A Caffeinated Reminder About What Not to Do During Union Campaigns

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The National Labor Relations Board issued yet another Starbucks decision this past week. Again, the Board upheld an administrative law judge’s opinion that Starbucks violated the National Labor Relations Act during a union’s...more

Sheppard Mullin Richter & Hampton LLP

Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality

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A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more

Littler

NLRB Rescinds 2020 “Election Protection Rule”

Littler on

As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more

CDF Labor Law LLP

NLRB Reinstates Weapons for Unions in Attempting to Organize Non-Union Workplaces

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Last week, the National Labor Relations Board issued its Fair Choice - Employee Voice Final Rule. This new Final Rule reinstates several practices that were in place prior to the Trump NLRB making changes in 2020....more

Parker Poe Adams & Bernstein LLP

NLRB Waves White Flag on Expansion of Joint Employer Definition

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Last week, the National Labor Relations Board withdrew its appeal of a federal court decision that blocked its 2023 rule that significantly expanded the definition of joint employment under federal labor law....more

Littler

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

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On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

Bass, Berry & Sims PLC

NLRB Withdraws Appeal of Joint Employer Rule

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The National Labor Relations Board (NLRB) has dropped its appeal of a Texas federal judge’s order striking down its new, expansive joint employer rule.  As readers may recall, late last year the NLRB issued a rule broadening...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

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On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more

Frantz Ward LLP

Not-So-Friendly Reminders from the NLRB to Review Your Severance Agreements and Employee Handbooks

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Recent decisions and settlements from the National Labor Relations Board should serve as a not-so-friendly reminder to ensure that your severance agreements and employee handbooks do not run afoul of the National Labor...more

DirectEmployers Association

OFCCP Week In Review: July 2024 #4

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The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Bradley Arant Boult Cummings LLP

Don’t Stop… Enjoining! NLRB’s GC Wants to Hold Onto That Feeling

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The top lawyer for the National Labor Relations Board (NLRB) is ordering her subordinates to continue to seek injunctions against employers for alleged violations of the National Labor Relations Act (NLRA), despite the...more

Seyfarth Shaw LLP

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

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An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

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