News & Analysis as of September 24, 2024

Employee Rights

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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 -

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

Fisher Phillips on 8/7/2024

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

Is It Really About Employee Voices? The National Labor Relations Board Continues its Union-Friendly Trend

Baker Donelson on 8/7/2024

The National Labor Relations Board (the Board) is the federal agency tasked with administering the National Labor Relations Act (the NLRA). Chief among its responsibilities is governing the union recognition process in the...more

NLRB and Union Relations Beyond 2024 – What Will the Election Bring?

CDF Labor Law LLP on 7/31/2024

As we have reported many times, the National Labor Relations Board (NLRB) is a powerful agency that regulates both the union and non-union workplace. However, the NLRB is also a largely political organization that...more

Supreme Court Ruling in Starbucks v. McKinney: Implications for Employees and Unions

Franczek P.C. on 6/20/2024

On June 13, 2024, the Supreme Court held that the National Labor Relations Board (the “Board”) is subject to the same standard as any other litigant when it seeks a preliminary injunction in unfair labor practice cases. This...more

First Court Decision Following Cemex Scraps Election Outcome that Defeated Union and Orders Employer to Bargain With Union

CDF Labor Law LLP on 5/23/2024

On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials...more

Work This Way: A Labor & Employment Law Podcast | Episode 11: Understanding Unions with Patrick Wilson, Maynard Nexsen Attorney...

Maynard Nexsen on 3/27/2024

In this two part series, Maynard Nexsen labor & employment attorney Pat Wilson joins hosts Tina and Christy to discuss what employers should understand about unions and how they can address them. Pat dives into the influence...more

Dartmouth Basketball Players Have Voted to Unionize

Akerman LLP on 3/7/2024

What it means to be a student-athlete in college is evolving, and Dartmouth basketball players find themselves at the forefront of this new era. For the first time in history, on Tuesday, March 5, 2024, the Dartmouth men’s...more

NLRB Regional Director Says Dartmouth Men’s Basketball Players Are Employees, Can Vote in Union Election

Littler on 2/8/2024

On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act. Based on their...more

The Burr Morning Show: NLRB Updates

Burr & Forman on 12/15/2023

In this episode of The Burr Morning Show, Marcel Debruge and Tom Scroggins discuss the impacts of the latest NLRB updates you need to be aware of in 2024. ...more

Federal Government Continues Initiatives to Limit Employer Opposition to Union Organizing

Epstein Becker & Green on 11/7/2023

The United Stated Department of Labor Office of Labor-Management Standards (“OLMS”) recently signaled an alarming willingness to use its broad subpoena powers under Section 601 of the Labor-Management Reporting and Disclosure...more

Open Up the Playbook: NLRB Rules Starbucks Must Produce Document at Hearing or Custodian of the Search

Bradley Arant Boult Cummings LLP on 10/10/2023

If you don’t already know, Starbucks has been in a pretty big labor dispute, and there are bound to be lessons for all of us. If your company has internal documents about relations with prospective unions, you may have to...more

No Handbook Is Safe: National Labor Relations Board Raises The Bar For Employer Rules And Policies

Winthrop & Weinstine, P.A. on 9/22/2023

The New Standard on Employer Rules and Policies - Last month, the NLRB issued a ruling in the Stericycle case adopting a new legal standard regarding policies surrounding an employee’s right to organize. Under Section 7 of...more

NLRB Expands the Definitions of "Protected" and "Concerted" and Expands Coverage of the National Labor Relations Act

Baker Donelson on 9/12/2023

On August 31, 2023, the National Labor Relations Board (NLRB or the Board) issued a pair of decisions that continue the agency's recent trend of broadening the reach of the National Labor Relations Act (NLRA). With these two...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

NLRB Gives Big Boost to Unionization Efforts

Bressler, Amery & Ross, P.C. on 9/11/2023

On August 25, 2023, the NLRB issued two critically important and pro-labor decisions that will make it much easier (and quicker) for unions to organize and unionize previously non-union employees. One will make it easier for...more

NLRB Expands Section 7 Protections to Include Advocacy for Non-Employees and Beyond

Littler on 9/11/2023

On August 31, 2023, the National Labor Relations Board issued its 3-1 decision in American Federation for Children, Inc. 372 NLRB No. 137, overturning Amnesty International, 368 NLRB No. 112 (2019), and dramatically expanding...more

NLRB Delivers Labor Day Gifts to Unions

Epstein Becker & Green on 9/11/2023

It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

Two New NLRB Decisions Expand Labor Rights for Non-Unionized Workers

Parker Poe Adams & Bernstein LLP on 9/8/2023

The National Labor Relations Board continues its recent streak of overturning board decisions from the Trump administration that limit the rights of employees to organize and complain about working conditions. The latest...more

NLRB Weakens Secret-Ballot Elections in Union Campaigns, Increasing Unionization Perils

K&L Gates LLP on 9/6/2023

On 25 August 2023, the Cemex decision by the National Labor Relations Board (NLRB or Board) upended 52 years of Board law that had previously enshrined the secret-ballot election as the default method for union certification....more

NLRB Revives 1940’s Precedent, Reducing Barriers to Representation

Benesch on 9/5/2023

On August 25, 2023, the National Labor Relations Board (NLRB) carried on with its pro-labor march by reviving elements of nearly eighty-year-old precedent. With its decision, Cemex Construction Materials Pacific, LLC, the...more

NLRB Streamlines Union Election Procedures

Parker Poe Adams & Bernstein LLP on 9/1/2023

The National Labor Relations Board has continued its reversal of Trump-era decisions. The NLRB issued a final rule expediting union election procedures, making it more difficult for employers to react and respond to...more

Return to the Group of 1: NLRB Broadens Protections for 'Solo' Complaints

Sherman & Howard L.L.C. on 9/1/2023

Continuing what otherwise has been a very busy week for the National Labor Relations Board (NLRB or Board), the Board on Thursday significantly broadened the circumstances under which an employee's solo complaint could be...more

NLRB Allows Unions to Represent Workers Without a Formal Vote

Venable LLP on 8/31/2023

On August 25, 2023, the National Labor Relations Board (NLRB or the Board) decided that employers must either recognize a new union or promptly file for an election when a union asks for recognition based on a majority of...more

Act Fast: National Labor Relations Board Reverts to Shortened 2014 Representation Election Timeframe

Littler on 8/30/2023

On August 24, 2023, the National Labor Relations Board (the “Board”) issued a final rule (the “2023 final rule”) amending the federal regulations that govern representation election procedures. The 2023 final rule is the...more

Return to the Expedited Election Rules

Burr & Forman on 8/30/2023

On August 24, 2023, the U.S. National Labor Relations Board (“NLRB”) rolled back several Trump-era rules regarding how elections are conducted. More specifically, the new rules re-implement a series of Obama-era rules that...more

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