News & Analysis as of September 19, 2024

NLRB General Counsel

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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 -

The Practical NLRB Advisor: Spring 2024

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/28/2024

The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more

Minimizing National Labor Relations Act Liability for Employers with Non-Unionized Workforces

Foley & Lardner LLP on 2/20/2024

Employers with a non-unionized workforce often mistakenly believe that they are not covered by the National Labor Relations Act (NLRA or the “Act”). The NLRA is most commonly known as the law that guarantees employees the...more

Beltway Buzz - April 2023 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/1/2023

He’s Running. President Joe Biden announced this week that he will run for reelection in 2024. President Biden has stated that he is the most pro-union president in history, so the Buzz will not be surprised if labor and...more

Top Five Labor Law Developments for March 2023

Jackson Lewis P.C. on 4/18/2023

The National Labor Relations Board will release its new joint-employer rule in August. In September 2022, the Board issued its proposed rule for determining joint-employer status under the National Labor Relations Act under...more

Labor Law Today—2022 Year in Review

Perkins Coie on 2/15/2023

2022 Proposed Rules and Legislation - Joint Employer Status: Proposed Rulemaking - On September 6, 2022, the Board released a Notice of Proposed Rulemaking to establish a new “joint employer” legal standard under the...more

The Practical NLRB Advisor – Fall 2022

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/27/2022

In the last issue of the Ogletree Deakins Practical NLRB Advisor, we utilized this space to remark that the current general counsel’s (GC) multifaceted and radical agenda posed genuine institutional issues for the National...more

Laboring on without a House – unions and their allies have plenty of “workarounds”

Constangy, Brooks, Smith & Prophete, LLP on 12/7/2022

The Biden Administration’s efforts at adjusting the balance of labor relations toward the interests of organized labor, at least for now, must largely fall back on non-legislative means, given the Republican capture of the...more

Top Five Labor Law Developments for June 2022

Jackson Lewis P.C. on 7/12/2022

1. The National Labor Relations Board modified its electronic notice posting requirements for workplaces impacted by COVID-19. Paragon Systems, Inc., 371 NLRB No. 104 (June 2, 2022)....more

Top 10 Workplace Law Predictions for 2022

Fisher Phillips on 1/4/2022

Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

#WorkforceWednesday: Preparing for Biden's Vaccine Mandate, Mandate Pushback Begins, NLRA's Reach Expected to Expand - Employment...

Epstein Becker & Green on 10/6/2021

This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship. Employers Prepare for...more

WHIPLASH! A Stunningly Fast Reversal Of Labor Policies

Fox Rothschild LLP on 2/26/2021

It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more than a month, the administration has:...more

NLRB General Counsel: Ease Make Whole Relief Burden Of Proof In Duty Of Fair Representation Cases

Jackson Lewis P.C. on 7/6/2020

Unions will have greater exposure to “make whole” relief awards for violating their duty of fair representation under the National Labor Relations Act (NLRA) if National Labor Relations Board (NLRB) General Counsel (GC) Peter...more

Top Five Labor Law Developments For December 2018

Jackson Lewis P.C. on 1/9/2019

1. A U.S. Circuit Court of Appeals partially upheld the Obama-era standard the National Labor Relations Board (NLRB) adopted for determining whether two entities are joint employers under the National Labor Relations Act...more

Board GC Robb: Proposed Joint Employer Rule “Does Not Go Far Enough”

Polsinelli on 12/21/2018

On December 10, 2018, National Labor Relations Board (“NLRB” or “Board”) General Counsel Peter Robb released a comment to NLRB Board Members regarding the proposed Joint Employer Rule (“Rule”). ...more

Union kNOw – November 2018

Jackson Lewis P.C. on 11/16/2018

Labor Board Employees Protest Board Chairman Ring, General Counsel Robb- Employees of the National Labor Relations Board (NLRB) have publicly protested a decision by NLRB Chairman John Ring and NLRB General Counsel Peter...more

WPI Labor Day Report 2018

Littler on 9/4/2018

Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more

Executive Labor Summary - May - July 2018

Constangy, Brooks, Smith & Prophete, LLP on 7/26/2018

NLRB’s joint employer standard is still up in the air. The “joint employer” standard of the National Labor Relations Board is still in play. On May 9, in a rarely-seen development, the NLRB Office of Information and...more

Beltway Buzz - June, 2018 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/11/2018

Finally, some good news to report from our nation’s capital, as the Washington Capitals won their first ever Stanley Cup last night. Here is your Beltway Buzz....more

Executive Labor Summary - March / April 2018

Constangy, Brooks, Smith & Prophete, LLP on 5/1/2018

News & Analysis- New NLRB Chairman is John Ring- NLRB gets “out of joint” over joint employer dispute- NLRB’s extended period for comment on so-called “quickie election” rule ended on April 19, and General Counsel...more

Top Five Labor Law Developments For March 2018

Jackson Lewis P.C. on 4/17/2018

1.The National Labor Relations Board (NLRB) continued to deal with tumult over the “joint-employer” issue. On March 1, the Board asked the U.S. Court of Appeals for the D.C. Circuit to resume considering an appeal of...more

An End to the McDonald’s Joint Employer NLRB Litigation

Polsinelli on 4/5/2018

The new General Counsel of the National Labor Relations Board (“Labor Board”), Peter Robb, continues to reshape the agency with his vision. Consistent with his January 2018 promise to consider “settlements of any kind that...more

Executive Labor Summary - January / February 2018

Constangy, Brooks, Smith & Prophete, LLP on 2/28/2018

NEWS & ANALYSIS- NLRB’s Emanuel under fire, and “joint employment” standard is in doubt. After a brief window of time in late 2017 when Republican Members outnumbered Democratic Members on the National Labor Relations Board,...more

2018 Outlook on Federal Labor Laws

Kelley Drye & Warren LLP on 2/12/2018

While President Donald Trump is not known for a deliberate approach, the long-anticipated shifts in labor law and policy is starting to take shape in an efficient and measured form. The National Labor Relations Board (“NLRB”...more

The Employment Law Authority - January/ February 2018

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/6/2018

Between September 26, 2017, when for the first time in nearly a decade Republicans controlled the majority at the National Labor Relations Board (NLRB), and December 16, 2017, when Chairman Philip Miscimarra’s term expired...more

Out With the Old, In With the New: Is This the “New” NLRB?

Burr & Forman on 1/18/2018

As you have likely seen by now, December was quite a busy month for the National Labor Relations Board (“the Board”). The Board issued major decisions affecting employers, and Peter Robb, the new General Counsel for the Board...more

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