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National Labor Relations Board › The National Labor Relations Act › State and Local Government

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

California Assembly Committee Revives State’s Captive Audience Meeting Ban

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On August 15, 2024, the Appropriations Committee of the California State Assembly passed SB 399 by a vote of 10–3. The bill had passed the Senate in 2023 and has been with the Assembly since, waiting for action and a vote....more

Carlton Fields

Expect Focus - Volume III, September 2023

Carlton Fields on

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Seyfarth Shaw LLP

Held Captive No More: New York Enacts Legislation Prohibiting Mandatory Meetings Regarding Employers’ Political (But Really Union)...

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Seyfarth Synopsis: On September 6, 2023, New York Governor Kathy Hochul signed into law legislation that, effective immediately, prohibits employers from disciplining employees who refuse to participate in meetings concerning...more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

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So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2023

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New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

Lippes Mathias LLP

Emerging Issue: AI Governance

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Advancements in Artificial Intelligence have dominated the news recently in fascinating ways. Generative AI chatbots demonstrated seemingly spontaneous responses to test users. Visual artists filed a class action lawsuit to...more

DarrowEverett LLP

2023 Employment Law Updates: Q1 Developments from Pregnancy to Polyamory

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As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay...more

Sheppard Mullin Richter & Hampton LLP

NLRB to Decide Whether Misclassification Is Standalone Violation of the NLRA

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The National Labor Relations Board (Board or NLRB) could reverse a 2019 decision holding that honest, albeit mistaken, classification decisions and announcements to employees do not violate the National Labor Relations Act...more

McDermott Will & Emery

AB 5 Contractor-Classification Battles Set to Heat Up in 2021

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Employers grappling with independent-contractor classification had a busy 2020—and should expect a flurry of additional activity this year. Few areas in employment law are changing as rapidly. Last year, many concerned about...more

Foley Hoag LLP - Cannabis and the Law

NLRB Division of Advice Weighs in on Cannabis Workers

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As we previously blogged, “agricultural employees” are excluded from coverage under the federal National Labor Relations Act, which governs unionization. The National Labor Relations Board’s Division of Advice (which...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS to Consider Whether California Unconstitutionally “Takes” Private Property When It Compels Agricultural Employers to Grant...

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When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (February 2020 Edition)

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Hey, do you want to read an article not about COVID-19? Well, you are in luck, because in this virus-free issue of Wage Watch, we discuss only developments concerning the minimum wage, tips, and overtime that occurred in the...more

Littler

Preemption’s Silver Lining: The NLRA Offers California Tribes a Shield Against State Labor Protections

Littler on

For over 20 years, the State of California has used tribal gaming compacts to accomplish what federal law and tribal sovereignty would otherwise forbid: forcing tribes to follow state labor law in their casinos.  Recently...more

Epstein Becker & Green

California Puts a Foot On the Scale to Drive Unionization Higher: AB 1291 Mandates State-Sponsored Assistance in Organizing...

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As private sector unionization rates have continued to fall over recent decades, organized labor has increasingly turned to the state and local politicians it supports for assistance in the form of state legislation and local...more

BakerHostetler

The BakerHostetler Quarterly New York Employment Law Newsletter – Winter 2019

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Welcome to the winter edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

Ballard Spahr LLP on

The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

FordHarrison

California Attempts to Weed Out Unfair Labor Practices at the State Level by Enacting Union-Friendly Regulation on Employers in...

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As the cannabis industry has rapidly progressed over the years, states such as New York, New Jersey and Illinois have begun to implement legislation that encourages employers to engage in labor peace agreements with unions....more

Sheppard Mullin Richter & Hampton LLP

AB 1291 Forces California Cannabis Companies To Sign “Labor Peace Agreements” With Unions, But Statute May be Unconstitutional

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On October 12, 2019, Governor Newsom signed Assembly Bill 1291 (“AB 1291”) into law, which requires companies to sign a so-called “labor peace” agreement with a union or risk losing their cannabis license; thereby,...more

Littler

Labor and Employment Issues Facing the Healthcare Industry

Littler on

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

Proskauer - Labor Relations Update

NLRB Office of the General Counsel Advises that Uber Drivers Are Not Statutory “Employees”

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In an Advice Memorandum dated April 16, 2019, but released on May 14, 2019, the NLRB’s General Counsel staked out a position in one of the most contentious and influential questions in labor and employment law today: Whether...more

Cozen O'Connor

The State AG Report Weekly Update January 2019 #3

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Consumer Protection Massachusetts Attorney General Settles With Tax Preparation Company Over Allegedly Misleading and Deceptive Advertisements Massachusetts AG Maura Healey reached a settlement with tax preparation...more

Foley & Lardner LLP

Seventh Circuit Issues Two Opinions Limiting Scope of State and Local Authority over Labor Law

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Over the course of the past two weeks, the Seventh Circuit has issued two separate opinions that limit the ability of state and local governments to craft their own labor law policy. In doing so, the court created a circuit...more

Mintz - Employment Viewpoints

Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration

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As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following...more

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