News & Analysis as of September 21, 2024

The National Labor Relations Act

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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 -

OSHA Invites Feedback on Proposed Rule for Protecting Workers from Excessive Heat: Employers Should Remember the NLRA and LMRA

Husch Blackwell LLP on 6/18/2024

The Occupational Safety and Health Administration plans to propose a new rule requiring employers to protect employees exposed to high temperatures at work. This federal government regulation is the first of its kind to...more

NCAA Proposes Classifying Certain NCAA Student Athletes as Employees

CDF Labor Law LLP on 12/6/2023

The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more

NLRB Vastly Expands Joint Employer Definition

BakerHostetler on 10/30/2023

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

Evaluate the Risks When Using Non-Competes

Ruder Ware on 9/28/2023

In today’s interconnected world, how to protect vital business assets such as key employees and confidential information is top of mind for businesses. Tools such as non-solicitation, non-compete and non-disclosure agreements...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

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’s General Counsel Issues Controversial Memo Criticizing Non-Competes

Amundsen Davis LLC on 6/8/2023

Following on the proposed rule of the FTC on non-competes, another federal threat to non-competes has emerged, this time from the National Labor Relations Board (NLRB)....more

The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums...

Dorsey & Whitney LLP on 6/5/2023

Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to...more

New Guidance for Employee Agreements Could Change the Landscape of the Healthcare Industry

Maynard Nexsen on 4/24/2023

Two federal agencies, the Federal Trade Commission (“FTC”) and the National Labor Relations Board (“NLRB”), are reshaping the labor industry with guidance aimed at protecting and expanding employee rights. On January 5, 2023,...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

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

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 Prepares To Issue New Joint Employer Standard in 2023

Perkins Coie on 12/29/2022

The National Labor Relations Board (the Board) released its notice of proposed rulemaking (Proposed Rule) to establish a new “joint employer” legal standard under the National Labor Relations Act (NLRA) on September 6, 2022....more

Laboring on without a House – unions and their allies have plenty of “workarounds”

Constangy, Brooks, Smith & Prophete, LLP on 12/7/2022

The Biden Administration’s efforts at adjusting the balance of labor relations toward the interests of organized labor, at least for now, must largely fall back on non-legislative means, given the Republican capture of the...more

What’s the NLRB Up To Now?

Foley & Lardner LLP on 11/22/2022

One of the cornerstones of the current administration’s platform has been to “encourage and incentivize union organizing and collective bargaining” and to do so by “appoint[ing] members to the National Labor Relations Board...more

NLRB Proposes Rescission of Recently Issued Rules on Elections

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/14/2022

On November 4, 2022, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) seeking to rescind the “election protection” rule published on April 1, 2020, and to restore the prior protocols,...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

Potential Rescission of NLRB’s 2020 Election Protection Rule

Littler on 11/11/2022

On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more

NLRB Announces Proposed Rule to Rescind 2020 Amendments to Representation Election Procedures

Proskauer - Labor Relations Update on 11/8/2022

As foreshadowed by the National Labor Relations Board’s (the “Board”) Spring 2022 rulemaking agenda (discussed in our prior post here), Chair Lauren McFerran, Member Gwynne A. Wilcox, and Member David M. Prouty published a...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

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

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