News & Analysis as of

Unfair Labor Practices Wage and Hour The National Labor Relations Act

Jackson Lewis P.C.

NLRB Overhaul: Setting Stage for Employers, Trump Removes Board Member Wilcox, Fires GC Abruzzo

Jackson Lewis P.C. on

Although National Labor Relations Board General Counsel Jennifer Abruzzo’s termination by President Donald Trump was widely expected, his removal of Board Member Gwynne Wilcox is unprecedented. Wilcox’s removal also leaves...more

Jackson Lewis P.C.

Uphill Battle for Employer Unilateral Changes as NLRB Returns to “Clear and Unmistakable Waiver” Standard

Jackson Lewis P.C. on

The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more

Conn Maciel Carey LLP

Light at the End of the Tunnel: Five NLRB Changes Employers Can Anticipate in 2025 and Beyond!

Conn Maciel Carey LLP on

I have come to know and believe the adage that: the only thing constant is change. In less than 30 days, we will bid farewell to 2024. As we usher in 2025 with great expectations, we know that change is on the horizon. And in...more

Conn Maciel Carey LLP

NLRB Delivers Another Sucker Punch to Employers by Outlawing Mandatory Captive Audience Meeting

Conn Maciel Carey LLP on

Going against decades of precedent, the National Labor Relations Board (“the Board”), in Amazon.com, 373 NLRB No. 136 (2024), held that employers violate federal labor law when they require employee attendance at meetings...more

Hendershot Cowart P.C.

NLRB to Employers: Make Sure Non-Competes Are Lawful, Or Compensate Employees For Financial Harm

Hendershot Cowart P.C. on

On October 7, 2024, Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board (NLRB) issued a memo urging field offices to root out unlawful non-compete provisions and remedy the harmful effects. “Whether...more

Bricker Graydon LLP

Employee Repayment Agreements - Safe from the NLRB?

Bricker Graydon LLP on

Consider finding a new job with a company: On your first day, the company explains that it will invest a significant amount of time and resources in training you. In return, the company expects you to sign a training...more

Troutman Pepper Locke

Commentary: NLRB Poised to Rule That Independent Contractor Misclassification Alone ‎Violates the Law, but Ruling Not Likely to...

Troutman Pepper Locke on

A recent decision by the National Labor Relations Board in a case involving workers who were classified by a company as independent contractors has provided a clear signal that the NLRB is likely to reverse its current law...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Amundsen Davis LLC

NLRB’s 2023 “Joint Employment” Rule OVERTURNED by Federal District Court

Amundsen Davis LLC on

The National Labor Relations Board (NLRB) issued a controversial rule change to its longstanding “joint employer rule” in October of 2023, which dramatically lowered the thresholds by which a company could be deemed jointly...more

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on

Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Husch Blackwell LLP

NLRB’s Expansive New “Joint Employer” Rule Struck Down by Texas Federal Court

Husch Blackwell LLP on

Employers in the United States received a significant win on March 8, 2024 when a federal court in Texas struck down the National Labor Relations Board’s (“Board”) expansive new “joint employer” rule, and upheld the existing...more

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

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On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

CDF Labor Law LLP

NLRB’s New Joint Employment Rules Struck Down By Federal District Court

CDF Labor Law LLP on

In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This was...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB issues "joint employer" regulations

They are not employer-friendly. On October 26, the National Labor Relations Board, by a 3 to 1 vote, issued regulations with a new standard for determining “joint employer” status under the National Labor Relations Act....more

Constangy, Brooks, Smith & Prophete, LLP

Labor law roundup

I hope this won't ruin your Labor Day weekend. The employer-unfriendly decisions from the National Labor Relations Board have been coming fast and furious. In honor of the holiday, here's a short recap. As you probably...more

Quarles & Brady LLP

NLRB Takes Aim at Employers that Classify Workers as Independent Contractors

Quarles & Brady LLP on

In recent action, the National Labor Relations Board (“NLRB” or “Board”) has demonstrated a clear intention to closely scrutinize employers that classify workers as independent contractors. Specifically, in June, 2023, the...more

Jackson Lewis P.C.

Top Five Labor Law Developments for December 2022

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1. The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022). Monetary remedies for violations of the...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

Stevens & Lee

New NLRB Ruling Expanding Remedy Will Likely Lead to More Litigation

Stevens & Lee on

Based on a recent ruling by the National Labor Relations Board in an unfair labor practice case, employers should prepare to show that pecuniary harm would have occurred in the absence of an unfair labor practice or that harm...more

Roetzel & Andress

Back Pay Plus: NLRB Permits Employees To Recover “Foreseeable” Damages From Employers for Labor Law Violations

Roetzel & Andress on

Yesterday, the National Labor Relations Board significantly expanded the damages available to employees in unfair labor practice proceedings. Damages for employees wrongfully discharged in violation of federal labor law have...more

Jackson Lewis P.C.

Top Five Labor Law Developments for November 2022

Jackson Lewis P.C. on

President Joe Biden signed legislation imposing a collective bargaining agreement between freight carriers and railroad unions, avoiding a nationwide strike. Congress passed the bill utilizing its authority under the Railway...more

Jackson Lewis P.C.

Top Five Labor Law Developments for March 2022

Jackson Lewis P.C. on

1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more

Fisher Phillips

The Top 16 Workplace Law Stories from November 2021

Fisher Phillips on

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

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on

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

Jackson Lewis P.C.

Top Five Labor Law Developments For August 2021

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1. Democrats now hold a majority of seats on the National Labor Relations Board (NLRB). The new Democratic majority on the NLRB became official on Saturday, August 28, when President Joe Biden’s nominee David Prouty was sworn...more

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