NLRB, Employer Liability Issues, Terms and Conditions

Federal Court in Texas Strikes Down NLRB Joint Employer Rule and Reinstates Prior Trump Era Rule

Miller Canfield on 3/13/2024

On Friday, March 8, 2024, the United States District Court of the Eastern District of Texas entered an order that struck down the National Labor Relations Board's recently adopted 2023 regulations defining joint employer...more

NLRB Issues New Rule Relaxing Joint Employer Standard

Proskauer - Labor Relations Update on 10/27/2023

In a much-anticipated rulemaking, the National Labor Relations Board (“NLRB” or “Board”) has established a new standard for determining whether two employers are joint employers of particular employees within the meaning of...more

NLRB Restricts Employers’ Right to Change Working Conditions Without Bargaining

Miles & Stockbridge P.C. on 9/15/2023

The National Labor Relations Board (NLRB) issued companion decisions last month that significantly limit an employer’s ability to change the working conditions of their unionized staff without bargaining with the union....more

NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

Littler on 9/12/2023

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an...more

November Tip of the Month: NLRB Proposes New “Joint Employer” Legal Standard

Perkins Coie on 12/1/2022

The National Labor Relations Board (NLRB) recently released a Notice of Proposed Rulemaking (Proposed Rule) which, if adopted, would establish a new “joint employer” legal standard under the National Labor Relations Act...more

The NLRB’s Proposed Joint Employer Rule – A Directly, Indirectly, Would’ve, Could’ve, Even-if-You-Don’t-Actually Kind of Test for...

Bradley Arant Boult Cummings LLP on 9/13/2022

Last Tuesday, the National Labor Relations Board (NLRB) published an anticipated Proposed Rule on joint employer status. The Proposed Rule, which is designed to apply for all purposes under the National Labor Relations Act...more

New NLRB Proposed Rule Expands Joint Employer Definition

Steptoe & Johnson PLLC on 9/12/2022

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule to expand the definition of “joint employer” under the National Labor Relations Act (NLRA). If the proposed rule is adopted, a party will be...more

The Never-Ending Story? NLRB Proposes New Rule Shifting Back to Broad Definition of ‘Joint Employer’

Fisher Phillips on 9/8/2022

The National Labor Relations Board (NLRB) just proposed a controversial new rule that could soon make it easier for workers to be considered employees of more than one entity for labor relations purposes. The Biden...more

Be Careful About Restricting Employee Communications with Media

Akerman LLP - HR Defense on 8/9/2021

Employers that bar staff from communicating with the media should take another look at those prohibitions, following a recent federal appellate decision finding such a policy unlawful under the National Labor Relations Act...more

6 Key Takeaways | National Labor Relations Board Issues New Final Rule on Joint Employers

Kilpatrick on 3/2/2020

The National Labor Relations Board (NLRB/Board) recently issued a new rule effectively overturning an Obama-era precedent on joint employer status and making it harder to show that two companies are joint employers. In doing...more

NLRB Issues Pro-Employer Joint Employment Rule

ArentFox Schiff on 2/28/2020

On February 26, 2020, the National Labor Relations Board (the NLRB) issued its final rule governing joint employer status under the National Labor Relations Act (the NLRA). The final rule replaces the Obama administration’s...more

5 Things You Need To Know About The Labor Board’s New Joint Employment Rule

Fisher Phillips on 2/26/2020

The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more

NLRB Upholds Employer’s Bargaining And Demotions Post-Impasse As Lawful

Proskauer - Labor Relations Update on 2/15/2020

In its January 31, 2020 decision in Phillips 66, 369 NLRB No. 13 (January 31, 2020) the Board reversed a number of findings of unfair labor practices found by an Administrative Law Judge related to the employer’s conduct...more

Union’s Failure to Provide Factual Reasons as to Why It Needed Certain Information Privileged Employer to Deny Request, NLRB Rules

Proskauer - Labor Relations Update on 1/22/2020

In prior posts, we’ve discussed how information requests in the context of labor relations can be deceptively complex to comply with for employers. We’ve seen how an employer’s assertion of confidentiality, standing alone, is...more

NLRB Adopts “Contract Coverage” Standard to Apply to an Employer’s Unilateral Changes to Terms and Conditions of Employment

Dorsey & Whitney LLP on 9/13/2019

A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees. As...more

NLRB Abandons Long-Standing Precedent Regarding Management’s Ability to Unilaterally Change Terms and Conditions of Employment

Benesch on 9/12/2019

The National Labor Relations Board (“NLRB”) continued its recent wave of significant decisions on September 10, 2019, when it adopted a new standard for analyzing whether an employer’s unilateral change to terms of employment...more

Labor Department’s Proposed Four-Factor Rule Would Limit Joint Employment

Fisher Phillips on 4/2/2019

The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more

NLRB Issues Important Decision Regarding What Constitutes “Protected Concerted Activity” in Union and Union-Free Environments...

Sheppard Mullin Richter & Hampton LLP on 1/18/2019

In yet another case that impacts both union and non-union employers, the Republican-majority National Labor Relations Board (Board) overruled Obama-era precedent and substantially narrowed what is considered “protected...more

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