News & Analysis as of September 24, 2024

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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 -

Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2024

On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be...more

Federal Court Vacates 2023 NLRB Joint Employment Rule And Reinstates 2020 Rule

Lathrop GPM on 3/14/2024

On March 8, 2024, a Texas federal court struck down the National Labor Relations Board's new 2023 joint employer rule, which was set to go into effect on March 11, 2024. Chamber of Commerce of the United States of America, et...more

Federal Court in Texas Strikes Down NLRB Joint Employer Rule and Reinstates Prior Trump Era Rule

Miller Canfield on 3/13/2024

On Friday, March 8, 2024, the United States District Court of the Eastern District of Texas entered an order that struck down the National Labor Relations Board's recently adopted 2023 regulations defining joint employer...more

NLRB Expands Joint Employer Rule

Ballard Spahr LLP on 11/2/2023

Under the Biden Administration’s influence, the National Labor Relations Board (“NLRB or “the Board”) has proposed a new Final Rule for determining joint employer status under the National Labor Relations Act (“NLRA”). The...more

NLRB Creates NEW Joint Employer “Test” Likely Resulting in De Facto Liability for Employers Regarding Another Employer’s...

Amundsen Davis LLC on 10/27/2023

Today the National Labor Relations Board (NLRB) officially published its NEW Joint Employer Rule, that lowers the standard to an unprecedented level whereby an entity may be deemed jointly liable and responsible under the...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 Overturns Two Major Trump-Era Precedents

Benesch on 9/5/2023

This week, the National Labor Relations Board (“NLRB”) issued a series of decisions overturning two major Trump-era precedents. On August 30, 2023, the NLRB overturned Raytheon Network Centric Systems with its decisions in...more

NLRB Finds Employer's Use of Confidentiality and Non-Disparagement Provisions in Separation Agreements Violated Federal Law

Bracewell LLP on 2/27/2023

The National Labor Relations Board (the Board) which enforces the National Labor Relations Act (the Act) ruled this week that confidentiality of the agreement and non-disparagement provisions in the separation agreements for...more

November Tip of the Month: NLRB Proposes New “Joint Employer” Legal Standard

Perkins Coie on 12/1/2022

The National Labor Relations Board (NLRB) recently released a Notice of Proposed Rulemaking (Proposed Rule) which, if adopted, would establish a new “joint employer” legal standard under the National Labor Relations Act...more

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

Bradley Arant Boult Cummings LLP on 9/13/2022

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

New NLRB Proposed Rule Expands Joint Employer Definition

Steptoe & Johnson PLLC on 9/12/2022

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

NLRB Issues Guidance for Employers Enforcing OSHA’s ETS on Vaccine Mandates

Gould + Ratner LLP on 11/15/2021

The Acting Associate General Counsel of the National Labor Relations Board (NLRB) recently published a memorandum addressing the types of bargaining obligations under the National Labor Relations Act (NLRA) that may arise out...more

Be Careful About Restricting Employee Communications with Media

Akerman LLP - HR Defense on 8/9/2021

Employers that bar staff from communicating with the media should take another look at those prohibitions, following a recent federal appellate decision finding such a policy unlawful under the National Labor Relations Act...more

6 Key Takeaways | National Labor Relations Board Issues New Final Rule on Joint Employers

Kilpatrick on 3/2/2020

The National Labor Relations Board (NLRB/Board) recently issued a new rule effectively overturning an Obama-era precedent on joint employer status and making it harder to show that two companies are joint employers. In doing...more

NLRB Issues Pro-Employer Joint Employment Rule

ArentFox Schiff on 2/28/2020

On February 26, 2020, the National Labor Relations Board (the NLRB) issued its final rule governing joint employer status under the National Labor Relations Act (the NLRA). The final rule replaces the Obama administration’s...more

NLRB Announces Final Joint Employer Rule

Mintz - Employment Viewpoints on 2/26/2020

The National Labor Relations Board (the “NLRB”) announced yesterday that it will issue its final rule for determining joint-employer status under the National Labor Relations Act (the “NLRA”) today, February 26, 2020. This...more

5 Things You Need To Know About The Labor Board’s New Joint Employment Rule

Fisher Phillips on 2/26/2020

The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more

Union’s Failure to Provide Factual Reasons as to Why It Needed Certain Information Privileged Employer to Deny Request, NLRB Rules

Proskauer - Labor Relations Update on 1/22/2020

In prior posts, we’ve discussed how information requests in the context of labor relations can be deceptively complex to comply with for employers. We’ve seen how an employer’s assertion of confidentiality, standing alone, is...more

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by...

Epstein Becker & Green on 10/9/2019

As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board...more

NLRB Adopts “Contract Coverage” Standard to Apply to an Employer’s Unilateral Changes to Terms and Conditions of Employment

Dorsey & Whitney LLP on 9/13/2019

A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees. As...more

NLRB Abandons Long-Standing Precedent Regarding Management’s Ability to Unilaterally Change Terms and Conditions of Employment

Benesch on 9/12/2019

The National Labor Relations Board (“NLRB”) continued its recent wave of significant decisions on September 10, 2019, when it adopted a new standard for analyzing whether an employer’s unilateral change to terms of employment...more

Labor Board Makes It Harder For Employees To Claim Their Complaints Are Protected

Fisher Phillips on 1/18/2019

In a 3-1 ruling that should be hailed by employers across the country, the National Labor Relations Board just made it harder for employees to successfully claim that their workplace gripes constitute protected concerted...more

NLRB Issues Important Decision Regarding What Constitutes “Protected Concerted Activity” in Union and Union-Free Environments...

Sheppard Mullin Richter & Hampton LLP on 1/18/2019

In yet another case that impacts both union and non-union employers, the Republican-majority National Labor Relations Board (Board) overruled Obama-era precedent and substantially narrowed what is considered “protected...more

D.C. Circuit “Refines” the NLRB’s Joint Employer Test

Butler Snow LLP on 1/7/2019

In a 2-1 decision issued December 28, 2018, the United States Court of Appeals for the District of Columbia Circuit upheld the National Labor Relations Board’s (NLRB’s) determination that both an employer’s reserved authority...more

Employer’s Representation Petition Not Barred By Existence of Signed Contract, Divided NLRB Rules

Proskauer - Labor Relations Update on 12/3/2018

As we have noted at times, the human element in labor relations makes for interesting situations. One of the more interesting issues is the timeliness of representation petitions, which, despite the existence of clear rules,...more

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