News & Analysis as of September 21, 2024

Disclosure Requirements

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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 -

NLRB General Counsel Suggests How Colleges and Universities Can Satisfy NLRA Disclosure Obligations Without Violating FERPA

Littler on 8/27/2024

Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about...more

NLRB GC Abruzzo Issues Guidance to Academic Institutions Addressing Conflicting Obligations under Labor and Student Privacy Laws

Proskauer - Labor Relations Update on 8/8/2024

Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA) on academic institutions...more

Federal Government Continues Initiatives to Limit Employer Opposition to Union Organizing

Epstein Becker & Green on 11/7/2023

The United Stated Department of Labor Office of Labor-Management Standards (“OLMS”) recently signaled an alarming willingness to use its broad subpoena powers under Section 601 of the Labor-Management Reporting and Disclosure...more

SuperVision - Labor & Employment Insights, Issue 3, October 2023

Spilman Thomas & Battle, PLLC on 10/3/2023

New Business Reporting Obligations for Employers: Beneficial Ownership Information Under the Corporate Transparency Act - Effective January 1, 2024, most legal entities incorporated, organized, or registered to do business...more

NLRB Upholds Interview Disclosure Requirements Established in 1964 “Johnnie’s Poultry” Decision

Foley & Lardner LLP on 1/10/2023

As we updated our readers last week, the National Labor Relations Board (NLRB or the “Board”) ended 2022 with a series of decisions that will impact employers going into 2023 and beyond. Among those decisions was strong...more

NLRB Tackles Employee Interrogations, Property Rights and More in December

Miles & Stockbridge P.C. on 12/21/2022

The National Labor Relations Board issued a flurry of employee-friendly decisions last week, continuing its move away from the more employer-friendly rulings by the Trump Board and, in many cases, returning to or reaffirming,...more

Top Legal Issues Facing the Manufacturing Sector in 2022

Foley & Lardner LLP on 7/7/2022

As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more

The Top 16 Workplace Law Stories from November 2021

Fisher Phillips on 12/3/2021

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 Relaxes Trump-Era Financial Disclosure Requirements For Unions

Roetzel & Andress on 2/16/2021

Last week, the NLRB’s General Counsel rolled back Trump-era financial disclosure requirements for unions. Even without a complaint, unions were required to explain fees charged to nonmembers. Now, beyond routine financial...more

NLRB Majority: Employer Not Required To Disclose Identity Of Bargaining Unit Informant

Proskauer - Labor Relations Update on 2/20/2019

An employer’s duty to provide information to the union representing its employees is a frequent of topic of interest to labor relations practitioners because it is very easy to violate the law. For example, an employer’s...more

Circuit Court Rejects Attack On NLRB’s New Witness Rule

Proskauer - Labor Relations Update on 6/8/2017

During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more

Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

Fisher Phillips on 6/8/2017

The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more

Nationwide Preliminary Injunction Bars Implementation of Department of Labor's "Persuader Rule"

BakerHostetler on 6/30/2016

On June 27, a federal court in Texas enjoined the United States Department of Labor (“DOL”) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to the DOL, the court opined that the...more

NLRB Election Rules Update: Employers must exercise due diligence in searching for and disclosing “available” voter contact...

Franczek P.C. on 10/28/2015

In April of this year, the National Labor Relations Board’s new expedited election rules went into effect. Under the new rules, employers are required to provide unions with “available” personal e-mail addresses and personal...more

The Employer’s Duty to Provide Financial Information to the Union – Diluting the Nielsen Principle

Snell & Wilmer on 9/17/2013

A. Established Legal Principles - It has long been established that, while an employer is obligated to disclose financial information requested by its employees’ collective bargaining agent that is relevant and...more

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