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 -

Labor Board Proposes Return to Pre-Trump Board Election Procedures

Jackson Lewis P.C. on 11/7/2022

The National Labor Relations Board (NLRB) has proposed rescinding portions of its 2020 union representation procedures on blocking charges, voluntary recognition bar, and construction industry collective bargaining...more

Top Five Labor Law Developments for March 2022

Jackson Lewis P.C. on 4/12/2022

1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more

At It Again: NLRB Proposes More Changes To Its Election Rules, Policies

Jackson Lewis P.C. on 7/29/2020

Continuing its reshaping of its election rules, policies, and procedures, the National Labor Relations Board (NLRB) has proposed two new amendments to the policies and procedures governing its elections. The changes will be...more

Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective...

Sheppard Mullin Richter & Hampton LLP on 8/14/2019

In its 84-year history, the National Labor Relations Board (NLRB, Board or Agency) has promulgated a very small number of rules pursuant to the Administrative Procedures Act, relying, instead, on individualized adjudications...more

NLRB Proposes Changes to Representation Case Procedures

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/12/2019

On August 12, 2019, the National Labor Relations Board (NLRB) will publish a notice of proposed rulemaking (NPRM) with regard to certain of its election and recognition policies. The issuance of this NPRM is likely the first...more

NLRB Issues Proposed Rules To Modify Portions Of Its Election Procedures

Jackson Lewis P.C. on 8/9/2019

The National Labor Relations Board has issued a proposed rule to modify three aspects of its election procedures. According to the board’s announcement, the Notice of Proposed Rulemaking (NPRM), which will be published in...more

No Fooling: DOL Announces Joint-Employer Proposal

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/2/2019

On April 1, 2019, the Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking (NPRM) to amend its existing regulations regarding joint employment under the Fair Labor Standards Act (FLSA)....more

Answers to Frequently Asked Questions on the NLRB’s New Joint Employment NPRM

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/20/2018

On September 14, 2018, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) in the Federal Register addressing how it will determine whether an employer is a joint employer of another...more

Here We Go Again! DOL Proposes to Rescind the Permanently Enjoined “Persuader” Rule (and Perhaps Revise It)

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/29/2017

The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more

DOJ Now Supports Enforcement of Employment Arbitration Clause

Benesch on 6/20/2017

The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from participating in class and collective lawsuits, arguing that a mandatory...more

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