News & Analysis as of

Regulatory Agenda Rulemaking Process National Labor Relations Board

Proskauer - Law and the Workplace

EEOC, Like NLRB, Lacks Quorum, Stalling Rulemaking Under New Administration

On Monday, January 27, 2025, President Trump removed Equal Employment Opportunity Commission (the “EEOC” or the “Commission”) commissioners Charlotte A. Burrows and Jocelyn Samuels, the two confirmed in separate statements. ...more

Perkins Coie

Labor Law Today—2022 Year in Review

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2022 Proposed Rules and Legislation - Joint Employer Status: Proposed Rulemaking - On September 6, 2022, the Board released a Notice of Proposed Rulemaking to establish a new “joint employer” legal standard under the...more

Burr & Forman

National Labor Relations Board’s Notice of Proposed Rulemaking – Potential Change in the Standard for Determining “Joint-Employer”...

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Joint-Employer Doctrine under the National Labor Relations Act - Under the joint-employer doctrine, an individual may be considered an employee of an entity that is not the individual’s formal employer. If a company is a...more

Littler

NLRB Proposes New Joint-Employer Standard That Would Dramatically Expand Scope of “Joint Employment” Under the National Labor...

Littler on

On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more

Proskauer - Law and the Workplace

White House “Regulatory Freeze” Memo Dooms DOL Independent Contractor Rule

As expected, the White House issued a memorandum to the heads of all executive departments and agencies within the first few hours after President Biden’s inauguration on January 20, requesting that they halt all...more

Littler

Labor and Employment Rulemaking Prominent in Spring 2020 Regulatory Agenda

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The federal government recently released its unified federal regulatory agenda–the document that outlines regulatory and deregulatory actions agencies expect to take in coming months....more

Proskauer - Labor Relations Update

Update: NLRB Delays Implementation of Final Election Rule Changes to July 31, 2020

As we reported here, on April 1, 2020, the NLRB published its final rule making three amendments to its rules and regulations governing union elections (relating to the Board’s blocking charge policy; timing and notice...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #3

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NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

Littler

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

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The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more

Seyfarth Shaw LLP

Seyfarth Shaw Policy Matters Newsletter - November 2019

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Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more

Troutman Pepper Locke

NLRB Proposes Regulation to Prevent Students From Organizing

Troutman Pepper Locke on

As we discussed in an earlier client alert, the National Labor Relations Board announced in May that it would be issuing proposed rules that would establish a “standard for determining whether students who perform services at...more

ArentFox Schiff

NLRB Announces Proposed Revisions to Representation Procedures

ArentFox Schiff on

The National Labor Relations Board recently issued a 113-page Notice of Proposed Rulemaking as the first of a planned series of revisions to its representation procedures under Section 9 of the National Labor Relations Act. ...more

Seyfarth Shaw LLP

NLRB Issues Notices Of Proposed Rule Making To Codify Certain Union Election Procedures

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Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the...more

Cozen O'Connor

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

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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

Polsinelli

NLRB Issues Proposed Rule on Union Election Policies

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On August 9, 2019, the National Labor Relations Board (“NLRB” or “Board”) issued the first of an anticipated sequence of regulations addressing certain union election procedures.  The proposed rule, published in the Federal...more

Littler

National Labor Relations Board Proposes Rulemaking Concerning Certain Union Representation Processes

Littler on

On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103.  The first...more

Ballard Spahr LLP

NLRB Shows Its Hand: Shift Toward Employer-Friendly Standards to Continue

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The National Labor Relations Board (NLRB) last week announced its rulemaking priorities for the coming year in its Spring 2019 regulatory agenda. ...more

Littler

Agencies Update Regulatory Agenda for 2019 and Beyond

Littler on

The federal government’s Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions (regulatory agenda), which provides insight into federal agencies’ priorities for the near and long term, was released on May 22,...more

Fisher Phillips

Labor Board Announces Rulemaking Agenda: Should Employers Pay Attention?

Fisher Phillips on

The National Labor Relations Board announced yesterday in its spring 2019 regulatory agenda that it intends to consider rulemaking in the following substantive areas arising under the National Labor Relations Act: •...more

Sheppard Mullin Richter & Hampton LLP

National Labor Relations Board Deviates from Typical Practice and Announces that It is Considering Rulemaking to Address Joint...

On May 9, 2018, the National Labor Relations Board (“NLRB”) announced it is considering rulemaking to address the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”)...more

Littler

Agencies Release Regulatory Roadmap for 2018 and Beyond

Littler on

The latest Unified Agenda of Regulatory and Deregulatory Actions ("spring agenda") continues this administration's trend of adding fewer new rules and reexamining older ones. ...more

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