News & Analysis as of September 20, 2024

Exemptions

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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 -

Non-Compete Contracts: Legally Undead

Balch & Bingham LLP on 9/16/2024

Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

OFCCP Week In Review: September 2021 #2

DirectEmployers Association on 9/13/2021

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 Chambers and Jennifer Polcer. In today’s edition, they...more

Weeding Out Claims by Agricultural Workers – The NLRA, the Agricultural Exemption, and the Cannabis Industry

Bradley Arant Boult Cummings LLP on 3/25/2021

In a recent Advice Response Memo, the National Labor Relations Board (NLRB) indicated that employees of a cannabis growing operation were exempt from the National Labor Relations Act (NLRA), meaning that the employees were...more

Union Organizing Raises Special Challenges for the Cannabis Industry

Nutter McClennen & Fish LLP on 3/10/2021

While marijuana remains illegal under federal law, it has been legalized in 15 states and the District of Columbia. Another 29 states have decriminalized marijuana or allowed its medical use, or both. This loosening of...more

NLRB’s Division of Advice Determines Certain Workers in the Cannabis Industry Are Exempt From Federal Labor Law

Sheppard Mullin Richter & Hampton LLP on 2/1/2021

On January 25, 2021, the NLRB Division of Advice (“the Division”) released a memo that may indicate a change in the way workers engaged in cannabis activities are covered under federal labor law. Under the NLRA, the right to...more

OFCCP Week In Review: December 2019

DirectEmployers Association on 12/3/2019

New Orleans Charter School Operator Ordered to Bargain with Union

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/19/2018

The Fifth Circuit Court of Appeals recently held that a New Orleans charter school was not a “political subdivision” exempt from the National Labor Relations Act (NLRA). The NLRA does not apply to States and their political...more

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