News & Analysis as of

Notice of Proposed Rulemaking (NOPR) Unions

Davis Wright Tremaine LLP

OSHA Rule Could Allow Union Representatives to Join Inspections – Even at Non-Unionized Worksites

The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) has proposed revisions to the existing rules governing who can participate in OSHA's onsite workplace inspections. The purpose of these...more

Fisher Phillips

5 Steps for Employers as OSHA Plans to Allow Union Walkthroughs of Non-Union Worksites

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Federal safety officials are gearing up for an aggressive enforcement agenda in 2023 – including a new proposal that would give workers and certified bargaining units the right to designate a worker or union representative to...more

Fox Rothschild LLP

NLRB Paves the Way for Unions to Block Decertification Petitions

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The National Labor Relations Board has issued a notice of proposed rulemaking that could make it more difficult for employees to end union representation at their workplace. Issued on Nov. 3, 2022, the Board’s proposed rule,...more

Proskauer - Labor Relations Update

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

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

Bowditch & Dewey

NLRB Proposes Expanded Standard for Joint-Employer Status

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On September 6, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) regarding the standard for determining joint-employer status under the National Labor Relations Act (NLRA). ...more

Jackson Lewis P.C.

Could Leagues and Teams be Joint Employers Before the NLRB?

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The National Labor Relations Board (NLRB) has released a Notice of Proposed Rulemaking to change the standard for determining if two employers may be joint employers under the National Labor Relations Act (NLRA)....more

Hogan Lovells

NLRB issues new notice of proposed rulemaking on joint-employer standard

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On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule for determining joint-employer status under the National Labor Relations Act (NLRA). Since 2020, a joint employer finding required proof of...more

Morgan Lewis

NLRB Seeks to Broadly Expand Joint Employer Standard

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In a notice of proposed rulemaking (NPRM) published on September 7, 2022, the National Labor Relations Board (NLRB) proposes an initial regulation that would fundamentally change the definition of “joint employer,” replacing...more

Proskauer - Labor Relations Update

National Labor Relations Board Gets Back on the Joint-Employer See-Saw – Proposes Rulemaking to Return to “Brown Ferris” Indirect...

Coming on the heels of the Labor Day holiday, in a long anticipated move, the National Labor Relations (“NLRB”) Board issued a draft of a new proposed joint employer standard, scheduled to be published on September 7, 2022. ...more

Fisher Phillips

DOL’s Proposed Revisions of Davis Bacon Act Rules Will Have Significant Impact on Federal Construction Contractors

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Federal wage and hour officials recently issued proposed rules that will make it easier for unions to have their hourly rates of pay established as the prevailing wage rates and will increase the Department of Labor’s...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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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

Foley & Lardner LLP

Graduate Assistants are Employees (Again)

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This past Friday, the National Labor Relations Board (NLRB) withdrew a controversial proposed rule that would have prevented graduate teaching and research assistants from attempting to unionize at private colleges and...more

Foley & Lardner LLP

DOL Proposes Changes to Financial Reporting Requirements for the Largest and Most Prominent Unions

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In the wake of a high-profile corruption scandal involving the United Auto Workers International Union (UAW), the Department of Labor (DOL) announced on September 30 a Notice of Proposed Rulemaking (NPRM) designed to...more

Sheppard Mullin Richter & Hampton LLP

Judge Jackson Explains the Basis for Her Invalidation of the Board’s Election Regulations

As we previously discussed earlier this month, District Court Judge Ketanji Brown Jackson issued an Order in American Federation of Labor and Congress of Industrial Organizations v. National Labor Relations Board, Civil Case...more

Fisher Phillips

Grad Students Cannot Unionize Under Proposed NLRB Rule

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The National Labor Relations Board took the latest step in the long-simmering debate over whether college teaching and research assistants could unionize when it released a proposed rule on Friday that would once again block...more

Jones Day

The Death of the National Mediation Board’s "Straw Man" Decertification Procedure?

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The National Mediation Board's proposed rule would create a direct decertification procedure, eliminating its current, convoluted "straw man" decertification procedure. On January 31, 2019, the National Mediation Board...more

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