NLRB, Enforcement

OFCCP Week In Review - May 2024 #4

DirectEmployers Association on 5/29/2024

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

The Great Trick Play: The Dartmouth College Men’s Basketball Team Votes to Unionize

Foley & Lardner LLP on 4/2/2024

Did you hear the news? The members of the Dartmouth College men’s basketball team have been deemed employees of the school and voted to unionize under federal labor law. How could you miss it? The crush of media reports has...more

Texas Court Strikes Down Enforcement of NLRB Joint-Employer Rule - Implications of the Decision

Adams and Reese LLP on 3/25/2024

U.S. District Judge J. Campbell Barker vacated the National Labor Relations Board’s new rule on determining joint-employer status. The March 8 decision comes as the conclusion to a legal challenge brought against the rule in...more

2023 Trade Secrets End of Year Report

ArentFox Schiff on 3/13/2024

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

FTC Commissioner Bedoya Signals Agency's Expansion Into Labor Matters

Davis Wright Tremaine LLP on 2/13/2024

FTC Commissioner Alvaro Bedoya proposed expanding the agency's power under Section 5 of the FTC Act to situations where employers improperly classify workers as independent contractors. Section 5 of the FTC Act broadly...more

New Year, (Potentially) New Rules?

Ward and Smith, P.A. on 1/4/2024

Sometimes, the only constant is change. This New Year is no different. In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency...more

NLRB, OSHA Pledge to Partner on Increased Enforcement Efforts

Miles & Stockbridge P.C. on 11/13/2023

The National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) recently entered into a new Memorandum of Understanding (MOU) under which the two agencies have agreed to work together to...more

New GC Memo Providing Guidance on Cemex Decision

Proskauer - Labor Relations Update on 11/9/2023

As recently discussed, the National Labor Relations Board (“NLRB”) issued a major decision this summer in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023). The decision gave labor unions the upper hand in...more

2023 Update on Antitrust Enforcement in Labor and Employment

Foley & Lardner LLP on 10/24/2023

The year 2023 will be remembered as a milestone for the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC, and, together with the DOJ, the “Agencies”) in their efforts to expand antitrust enforcement to labor...more

New York Labor Law Amendments Target Captive Audience Meetings

Harris Beach PLLC on 9/14/2023

New York Governor Kathy Hochul signed a bill on September 6, 2023, which expands Section 201-d of the New York Labor Law to provide employees with protection from the political and religious ideologies of their employer. The...more

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Bradley Arant Boult Cummings LLP on 6/15/2023

Can you still have noncompete agreements with your employees? What if you explicitly state that the agreement protects trade secrets or other proprietary information? There has been a lot of buzz about this issue, and...more

NLRB General Counsel Says Non-Compete Agreements Usually Violate U.S. Labor Law

Foley & Lardner LLP on 6/6/2023

The increasingly loud anti-non-compete chorus gained another voice last week. On May 30, 2023, the General Counsel of the National Labor Relations Board issued Memorandum GC-23-08 (“Memo”), in which she posits that the...more

The Labor Law Insider - Pause Before You Discipline: NLRB Turns Against Civility in Lion Elastomers Decision

Husch Blackwell LLP on 6/6/2023

Host Tom Godar and his guest Rufino Gaytán tackle the newly expanded protections offered employees under the National Labor Relations Board’s Lion Elastomers decision, published May 1, 2023. As part of the ping-pong effect of...more

It’s Not Just the NLRB Watching You - NLRB Adds the Consumer Financial Protection Bureau to Its Ever Growing List of Interagency...

Sheppard Mullin Richter & Hampton LLP on 5/2/2023

On March 7, 2023, the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFPB) signed a Memorandum of Understanding (“CFPB MOU”) that created a formal partnership between the two agencies. Per...more

The Labor Law Insider: Joint Employer Standards Changes, Part II

Husch Blackwell LLP on 11/15/2022

Host Tom Godar continues his discussion with partners Tyler Hibler and Tracy Wolf of Husch Blackwell as they discuss anticipated changes to joint employer standards by the National Labor Relations Board. The discussion...more

NLRB General Counsel Issues Memorandum on Electronic Monitoring of Employees

Steptoe & Johnson PLLC on 11/14/2022

On October 31, 2022, Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a Memorandum regarding new challenges that employers will face for the electronic monitoring and algorithmic...more

One Year of Action Since President Biden’s Executive Order on Competition

Foley & Lardner LLP on 7/27/2022

Earlier this month — July 9, 2022 — marked the one-year anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (Executive Order). The Executive Order was notable in its breadth and...more

Federal Employment Agencies Announce Joint Anti-Retaliation Initiative

Smith Debnam Narron Drake Saintsing & Myers,... on 11/15/2021

As further evidence that the Biden administration is laser-focused on protecting employee rights, the United States Equal Employment Opportunity Commission (EEOC), the United States Department of Labor (DOL), and the National...more

U.S. Department of Labor, National Labor Relations Board, U.S. Equal Employment Opportunity Commission Align to End Retaliation,...

U.S. Equal Employment Opportunity Commission... on 11/10/2021

Joint Initiative Launches With Online Dialogue Nov. 17 - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) today...more

Private Employers Beware as NLRB Ramps Up Enforcement

Smith Debnam Narron Drake Saintsing & Myers,... on 11/3/2021

During the Obama administration, the National Labor Relations Board (NLRB) aimed at employment policies prohibiting employees’ use of private employers’ equipment, including work emails and IT resources, and certain policies...more

Seven Things To Know About The Biden NLRB’s New “Road Map”

Woods Rogers on 9/24/2021

The NLRB General Counsel’s Office is not wasting any time making changes to national labor law policy. General Counsel Jennifer Abruzzo recently issued her third memorandum in just two months. Abruzzo’s first memo,...more

NLRB General Counsel Memorandum Reveals New Enforcement Strategy Affecting All Employers

Snell & Wilmer on 8/23/2021

In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers...more

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

Sheppard Mullin Richter & Hampton LLP on 3/5/2018

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Peering into Hinshaw’s Crystal Ball: How the Trump Administration May Affect Labor and Employment Landscape

Hinshaw & Culbertson LLP on 11/14/2016

With the election of Donald Trump and transition to a Republican administration looming, employers are scrambling to predict what impact Trump will have on labor and employment policy and enforcement initiatives. What...more

National Labor Relations Board › Enforcement