News & Analysis as of September 23, 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 -

The pendulum swings on dress codes, uniform policies, and union apparel. Can you justify your policy?

Constangy, Brooks, Smith & Prophete, LLP on 12/12/2023

In August 2022 the National Labor Relations Board issued its decision in Tesla, Inc.,holding that an employer bears the burden of proving “special circumstances” if it “interferes in any way with its employees’ right to...more

Fifth Circuit Refuses to Enforce the NLRB’s Ban on Uniform Requirements

Cozen O'Connor on 11/29/2023

The Fifth Circuit’s decision in Tesla, Inc. v. National Labor Relations Board is a victory for employers seeking to enforce their uniform requirement without fear of running afoul of federal labor laws. The decision affirms...more

NLRB to Consider Whether Grad Students at Private Universities Are “Employees” Covered by the NLRA

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/14/2016

Whether graduate student assistants at private universities are “employees” covered by the National Labor Relations Act (NLRA) might soon be taken up (again) by the National Labor Relations Board (NLRB). Since overruling...more

Executive Labor Summary: 2015 Wrap-Up Edition

Constangy, Brooks, Smith & Prophete, LLP on 1/7/2016

U.S. Department of Labor moves forward with new "persuader" regulations, expected in March 2016 - As we have previously reported, the U.S. Department of Labor has long wanted to revise the "persuader" reporting rules under...more

NLRB to Reconsider Whether Graduate Teaching Assistants at Private Universities Can Unionize

Mintz - Employment, Labor & Benefits... on 11/5/2015

Last week, the National Labor Relations Board (the “Board”) voted 3-1 to reconsider its decision in Brown University, 342 NLRB 483 (2004) that graduate teaching and research assistants are not employees under the National...more

Volkswagen Adopts "European-Style" Labor Engagement Policy for Chattanooga . . . But Will It Stall?

Constangy, Brooks, Smith & Prophete, LLP on 11/18/2014

Last week, Volkswagen Group of America announced a "Community Organization Engagement" policy that will allow labor organizations to engage in what the company calls "constructive dialogue" with the company and employees at...more

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