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National Labor Relations Board › The National Labor Relations Act › Rulemaking Process

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... more +
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 -
Sheppard Mullin Richter & Hampton LLP

The NLRB Implements Its Fair Choice – Employee Voice Final Rule – Effective September 30, 2024

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On July 26, 2024, the National Labor Relations Board (“Board”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which rescinds a trio of April 2020 amendments to the Board’s Rules and Regulations affecting...more

Lathrop GPM

NLRB Moves to Voluntarily Dismiss Joint Employer Rulemaking Appeal

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In July 2024, the National Labor Relations Board (NLRB) withdrew its appeal of a March 2024 federal district court decision striking down the NLRB’s 2023 joint employer rule. In that decision, the Eastern District of Texas...more

Benesch

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated Before Taking Effect (Updated...

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Update: Since the alert below was issued on March 13, 2024, the National Labor Relations Board (the “Board”) appealed the lower court’s decision to the Fifth Circuit Court of Appeals. On July 19, 2024, the Board filed an...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Issues New Memo Further Expanding Penalties for Unfair Labor Practice Violations

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Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed...more

Whiteford

Employment Law Update: NLRB News You Should Know - THE JOINT EMPLOYER RULE ON HOLD, AGAIN

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In October 2023, the NLRB finalized its Joint Employer Rule (the Rule), which was slated to become effective February 26, 2024. The Rule would expand when franchisors, staffing company users and other placement firms with...more

Sheppard Mullin Richter & Hampton LLP

NLRB Finds Common Provisions in Mortgage Lender Employment Contract Illegal

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On January 11, 2024, an administrative law judge for the NLRB issued an opinion holding that the employment agreement used by a major mortgage lender for all of its approximately 6,000 employees violates the National Labor...more

BakerHostetler

NLRB Vastly Expands Joint Employer Definition

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On October 26, the National Labor Relations Board (NLRB or Board) announced a new Final Rule that changes the test for determining who is a joint employer. The rule drastically expands the scope of joint employment,...more

Husch Blackwell LLP

NLRB Issues Final Rule on Joint-Employer Status

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On October 27, 2023, the National Labor Relations Board (NLRB) published its final rule on the standard for determining joint-employer status under the National Labor Relations Act, effective December 26, 2023. The new rule...more

Bradley Arant Boult Cummings LLP

Union Activity Continues To Expand Amidst Pro Labor Movement

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In a regulation issued by the National Labor Relations Board (NLRB), the Democratic majority on the board altered the voting process in rolling back Trump-era changes that had slowed down the election process. The new...more

Kohrman Jackson & Krantz LLP

How Should Employers Respond to the New Age of Unionism?

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Previously, we published content alerting you to the increase in union activism and successful union campaigns. Starbucks now has over 300 of its locations in the throes of union campaigns. Employers targeted by recent union...more

Burr & Forman

National Labor Relations Board’s Notice of Proposed Rulemaking – Potential Change in the Standard for Determining “Joint-Employer”...

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Joint-Employer Doctrine under the National Labor Relations Act - Under the joint-employer doctrine, an individual may be considered an employee of an entity that is not the individual’s formal employer. If a company is a...more

Bradley Arant Boult Cummings LLP

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

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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

Obermayer Rebmann Maxwell & Hippel LLP

Here We Go Again: NLRB Proposes to Re-Re-Define the Joint Employer Test

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​​​​​​​For the third time in less than ten years, the National Labor Relations Board (“NLRB”) stands ready to alter the “Joint Employer” test. Its stated motive this time is to provide a “clear standard for defining joint...more

Steptoe & Johnson PLLC

New NLRB Proposed Rule Expands Joint Employer Definition

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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

Littler

NLRB Proposes New Joint-Employer Standard That Would Dramatically Expand Scope of “Joint Employment” Under the National Labor...

Littler on

On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more

Proskauer - Labor Relations Update

NLRB Releases Spring Rulemaking Agenda Forecasting Changes To Joint Employer Standard and Representation Election Procedures

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On June 21, 2022, the National Labor Relations Board (“NLRB”) released its rulemaking agenda for Spring 2022, indicating the Board is considering revisions to two significant and tumultuous topics pursuant to the rulemaking...more

Bass, Berry & Sims PLC

Students May Unionize After All: NLRB Withdraws Proposed Rule

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The National Labor Relations Board (NLRB or Board) recently announced it was changing course on whether students should be considered employees and therefore can unionize. This change of course returns to previous Board...more

Perkins Coie

Labor Law Today—2020 Year in Review

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No one needs an introduction to the dominant theme of 2020 in the field of traditional labor law. The main story, as in nearly all fields of law, was the COVID-19 pandemic and its impact on every aspect of American lives. ...more

DirectEmployers Association

OFCCP Week In Review: November 2020

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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

Proskauer - Labor Relations Update

Update: NLRB Final Rule Governing Employee-Status of Student Workers May Issue As Soon As September 2020

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As we previously reported, the NLRB published a Notice of Proposed Rulemaking (NPRM) in September 2019 regarding the employee-status of student workers at private colleges and universities. Under the proposed rule, the NLRB...more

Littler

Labor and Employment Rulemaking Prominent in Spring 2020 Regulatory Agenda

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The federal government recently released its unified federal regulatory agenda–the document that outlines regulatory and deregulatory actions agencies expect to take in coming months....more

Jackson Lewis P.C.

Despite Court Ruling, NLRB Implements Much Of New Election Rule

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The National Labor Relation Board (NLRB) has implemented several parts of its new election rule. U.S. District Court Judge Ketanji Brown Jackson enjoined parts of the rule that, in her view, were not lawfully promulgated....more

Littler

NLRB Moves Forward with Bulk of Final Election Rule Changes Despite Blow Dealt by Federal Court

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On Saturday, May 30, 2020, one day before the effective date of the National Labor Relations Board’s Final Rule on Representation Case Procedures, a judge on the U.S. District Court for the District of Columbia issued a...more

Proskauer - Labor Relations Update

NLRB Regions Hold Information Sessions to Discuss Representation Case Changes

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In December 2019, the NLRB announced its Final Rule governing representation case procedures. The Final Rule applies to petitions filed on or after May 31, 2020. With the effective date fast approaching, NLRB Regions...more

Stinson LLP

NLRB Continues Its Election Process Make Over

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The National Labor Relations Board (NLRB) began April by issuing a new rule geared towards improving case procedures for union representation elections. Specifically, the rule implements three amendments, addressing (1)...more

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