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National Labor Relations Board › Regulatory Standards

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 -
DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

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The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Schwabe, Williamson & Wyatt PC

Handbook Changes on the Horizon, There’s a New NLRB Sheriff in Town‎

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On August 2, 2023, the National Labor Relations Board (“NLRB”), with a majority of members nominated by President Biden, issued a long-awaited decision in Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113 (2023))...more

Franczek P.C.

Recent Decisions by the NLRB: Harsher Penalties for Employers Who Repeatedly Violate Labor Law, More Leniency for Worker Outbursts...

Franczek P.C. on

As expected, in the last month the National Labor Relations Board has continued to issue decisions that reverse Trump-era precedents and expand the protections available to employees and unions. In Noah’s Ark Processors, LLC...more

Benesch

Appeals Court’s Joint Employer Ruling Provides Possible Roadmap for Overturning Trump Rule

Benesch on

​​​​​​​The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more

Franczek P.C.

NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful

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For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National...more

CDF Labor Law LLP

Labor Attempts to Further Restrict Employers During Rising Union Campaigns

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Earlier this week, National Labor Relations Board (“NLRB”) General Counsel, Jennifer Abruzzo released a memo urging Biden’s pro-union Board to declare that employers can no longer hold “captive audience” meetings.  “Captive...more

Littler

NLRB General Counsel Abruzzo Seeks to Limit Long-Standing Employer Free Speech Right

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On April 7, 2022, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 22-04, The Right to Refrain from Captive Audience and other Mandatory Meetings. As set forth in the memorandum, GC Abruzzo will urge the National...more

Proskauer - Labor Relations Update

NLRB Takes One Step Closer to Expanding The Possible Damages Awarded to Employees Fired in Violation of the Act

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On November 10, 2021, the National Labor Relations Board announced that it is seeking public input to address whether the Board should award consequential damages to make employees whole for economic losses and under what...more

Proskauer - Labor Relations Update

NLRB Division of Advice Releases Deluge of Advice Memoranda Discussing COVID-Related ULP Charges, Confidentiality Rules,...

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On July 15, 2020, the National Labor Relations Board’s (“NLRB”) Division of Advice published 16 Advice Memoranda addressing myriad questions posed by various Regional Offices. While a majority of the Memoranda were drafted...more

Stinson LLP

NLRB Wraps up Blockbuster Year with a Bang

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The National Labor Relations Board (NLRB) issued a whirlwind series of rulings to cap off 2019. The NLRB typically issues many decisions near the end of a Board member's term, so this flurry comes as no surprise...more

Akerman LLP - HR Defense

New Year Cheer from the NLRB

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The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - December 2019 #2

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Another Future of Work Hearing Scheduled. The House Higher Education and Workforce Development Subcommittee has announced a hearing titled “The Future of Work: Ensuring Workers Are Competitive in a Rapidly Changing Economy.”...more

Cozen O'Connor

Don’t Say That! … Or Do? New Court Guidance on Employer Statements in Union Organizing Campaigns

Cozen O'Connor on

I often advise employers large and small on what to do (and what not to do) during union organizing campaigns. I am continually surprised at how many employers have misconceptions about the do’s and don’ts when a campaign is...more

Franczek P.C.

No Solicitation: NLRB Decision Allows Employers to Prohibit Union Solicitation in the Workplace

Franczek P.C. on

On June 14, 2019, the National Labor Relations Board (the “Board”) overturned its long-standing ‘public spaces’ exception that allowed nonemployee union representatives access to employer-owned public spaces so long as those...more

Troutman Pepper

Two Federal Agencies Make It Easier to Establish Independent Contractor Status

Troutman Pepper on

Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the more pro-employer stance of the Trump administration as...more

Akerman LLP - HR Defense

National Labor Relations Board Continues Trend of Employer-Friendly Actions

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The National Labor Relations Board’s (NLRB) recent decision significantly revising the independent contractor standard will allow more workers to be so classified and therefore unable to unionize....more

Seyfarth Shaw LLP

The Battle Continues Over Purple Communications and the Use of Work Emails

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Seyfarth Synopsis: In another signal that the Board may overturn the Obama Board’s decision in Purple Communications allowing employees to use their employer’s email systems to communicate about wages, hours, working...more

McNees Wallace & Nurick LLC

NLRB’s Position on Unions’ Right to Use Employers’ Email Could Change

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Another Obama-era National Labor Relations Board policy may be on the ropes. Four years ago, the Board issued its controversial Purple Communications decision. In that case, it determined that employees have the right to...more

Polsinelli

Coming Soon: NLRB Promises Rulemaking on Joint-Employer Standard by End of Summer

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By letter dated June 5, 2018, National Labor Relations Board Chairman John Ring announced that the Board will issue a proposed regulation to determine when employers may be considered joint employers under the National Labor...more

Proskauer - Labor Relations Update

NLRB General Counsel Issues Handbook on Handbook Rules

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Following up on the NLRB’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), on June 6, NLRB General Counsel Peter Robb issued a new Guidance Memorandum (18-04) detailing how NLRB Regional Offices receiving...more

Proskauer - Labor Relations Update

Gridlock Broken: Senate Confirms John Ring as Newest Member of NLRB

Proskauer - Labor Relations Update on

By a vote of 50 to 48 the U.S. Senate confirmed Republican John Ring as a Member of the National Labor Relations Board, giving the agency a full five member complement. Member Ring, whose term expires December 16, 2022, takes...more

Robinson & Cole LLP

General Counsel Memorandum Maps New Direction for the National Labor Relations Board (NLRB)

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On December 1, 2017, recently appointed General Counsel Peter B. Robb (“Robb”) of the National Labor Relations Board (“the Board”) issued a memorandum outlining the direction he intends to guide the prosecutorial arm of the...more

Stinson LLP

NLRB Overrules Four Key Cases to End 2017 with a Bang

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The National Labor Relations Board isn't waiting for the ball to drop in Times Square. It's ushering in a new era, now. The new and short-lived Republican-appointed majority wasted little time reversing the course the Board...more

McNees Wallace & Nurick LLC

Are the Handbook Police (Finally) Standing Down?

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We have been talking about the National Labor Relations Board’s assault on Employee Handbooks, policies and rules for years now. Frankly, precious few of these posts have contained good news for employers. ...more

Seyfarth Shaw LLP

NLRB General Counsel Rescinds Controversial Memo Regarding Section 7 Rights of University Faculty, Student Assistants, and...

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Seyfarth Synopsis: On December 1, 2017, the newly-confirmed General Counsel of the National Relations Board, Peter Robb, issued a memorandum to the NLRB regional offices listing legal issues that should be submitted for...more

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