News & Analysis as of September 18, 2024

National Labor Relations Board › Proposed Rules › Employer Liability Issues

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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... 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 -

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

[Webinar] What is Happening at the NLRB? What Companies Should Know - October 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on 10/6/2023

Join CDF partners John Giovannone and Carolina Schwalbach for a one-hour in-depth review of the recent McLaren Macomb, Cemex and Stericycle NLRB decisions and their potential impact on union and non-union employers. If you...more

OSHA's Proposed Rule a Potential Boost for Unions

Steptoe & Johnson PLLC on 10/4/2023

Imagine a frustrated union organizer having a hard time persuading a group of employees to sign cards. That organizer will undoubtedly be delighted to learn that on August 30, the Occupational Safety and Health Administration...more

Quick! No Time to Blink! NLRB Reverts to Speedy Election Rules

Steptoe & Johnson PLLC on 9/7/2023

The National Labor Relations Board (NLRB or the Board) issued a direct final rule on August 24, that makes 10 amendments to the election process, which will take effect December 26, 2023. The rule rescinds amendments made by...more

OFCCP Week In Review: September 2023

DirectEmployers Association on 9/5/2023

Monday, August 28, 2023: U.S. NLRB “Clarified” 2019 Decision on Wright Line Evidentiary Burden in Dual Motives Causation Cases - Beginning a parade of four sets of major rulings in one week, the National Labor Relations...more

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

DarrowEverett LLP on 7/18/2023

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

NLRB’s GC Piles on to Increase Regulatory Scrutiny of Non-Compete Agreements

Spilman Thomas & Battle, PLLC on 6/23/2023

As we have often discussed, the National Labor Relations Board under the Biden administration has prioritized expanding employees’ rights under Section 7 of the National Labor Relations Act (the “Act”). Most recently, in GC...more

NLRB Targets Noncompetes at Union and Nonunion Companies

McDermott Will & Emery on 6/13/2023

In Memorandum GC 23-08 (Memo), Jennifer A. Abruzzo, General Counsel of the National Labor Relations Board (NLRB), announced that her office would target for prosecution both union and nonunion employers for offering,...more

NLRB General Counsel Announces Employee Non-Compete Agreements Violate the NLRA

Sheppard Mullin Richter & Hampton LLP on 6/13/2023

On the heels of the National Labor Relations Board’s decision in McLaren Macomb, which invalidated most confidentiality and nondisparagement provisions in a variety of employment agreements (as we covered here and here), NLRB...more

Employment Flash - April 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 4/14/2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Policy Matters Newsletter - April 2023

Seyfarth Shaw LLP on 4/12/2023

More Fallout From The FTC Proposed Noncompete Rule. As Seyfarth summarized here, and we podcasted and summarized here, the FTC has published a proposed rule which would ban all non-compete agreements between employers and...more

Board Rescinds Four Provisions to 2019 Election Rule Following Federal Appeals Court Vacating the Provisions

Proskauer - Labor Relations Update on 3/13/2023

Thursday, the NLRB issued a notice to rescind four provisions from the Board’s Rules and Regulations contained in its Final Rule published in December 2019 (the “2019 rule”). The Board’s notice rescinding all four provisions,...more

Labor Law Today—2022 Year in Review

Perkins Coie on 2/15/2023

2022 Proposed Rules and Legislation - Joint Employer Status: Proposed Rulemaking - On September 6, 2022, the Board released a Notice of Proposed Rulemaking to establish a new “joint employer” legal standard under the...more

Employment Flash: Special Edition

Skadden, Arps, Slate, Meagher & Flom LLP on 1/13/2023

The new year has brought a slew of changes in state laws, including those governing employee leave, privacy, as well as workplace discrimination and harassment. The federal Pregnant Workers Fairness Act and PUMP Act added...more

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on 1/9/2023

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

NLRB Proposes New Rules to Promote Union Organizing

Miller Nash LLP on 11/14/2022

The National Labor Relations Board (NLRB) continues its efforts to rescind anti-union rules adopted by the Trump-era Board. In proposed rules published on November 4, 2022, the Biden-Board seeks to undo rules adopted in 2020...more

National Labor Relations Board Proposes New Joint Employer Definition

Venable LLP on 10/13/2022

On September 6, 2022, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking, which proposed a change to the standard for determining joint employer status under the National Labor Relations...more

The Top 16 Workplace Law Stories from September 2022

Fisher Phillips on 10/5/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

NLRB Proposes to Expand Joint-Employer Liability Standard

Nelson Mullins Riley & Scarborough LLP on 10/3/2022

The National Labor Relations Board (NLRB) is currently seeking public comment on its proposed rule change that would expand the scope of joint-employer liability under the National Labor Relations Act (NLRA). If implemented,...more

NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?

Franczek P.C. on 9/30/2022

On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The...more

NLRB Proposes New Joint Employer Standard

Manatt, Phelps & Phillips, LLP on 9/30/2022

As promised earlier this year, on September 6, 2022, the National Labor Relations Board (NLRB or Board) released a notice of proposed rulemaking (NPRM) on the standard for determining joint employer status under the National...more

The NLRB’s New Joint Employer Rule: Moving the Goalposts, Providing No Guideposts

Sherman & Howard L.L.C. on 9/23/2022

Earlier this month, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking (NPRM), that would move the goalposts for what is considered a joint employer under the National Labor Relations Act...more

NLRB Continues Regulatory Ping Pong With New Proposed "Joint Employment" Standard

Hinshaw & Culbertson - Employment Law... on 9/21/2022

On September 7, 2022 the National Labor Relations Board (NLRB or the Board) issued a new Proposed Rule governing joint employer status. The proposed rule seeks to change the standard for determining whether two collaborating...more

NLRB’s Proposed New Joint Employer Rule: What to do now to manage the risk

Miller Canfield on 9/21/2022

On September 7, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, make it much easier for the NLRB to find a company to be a "joint employer" of...more

The Back-and-Forth Continues: NLRB Once Again Seeks to Broaden Its Joint-Employer Standard

Jones Day on 9/21/2022

In Short - The Situation: The National Labor Relations Board ("NLRB" or "Board") recently issued a Notice of Proposed Rulemaking to articulate the standard for determining joint-employer relationships under the National...more

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