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Unions Obama Administration

Benesch

NLRB Finalizes Rollback of Trump-Era Union Election Changes

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As we previously wrote, five Trump-era changes to the union election process were contested in a lawsuit brought by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). In a January 2023...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Signals Rulemaking to Broaden Scope of Who Is Permitted to Accompany Compliance Officers During Worksite Inspections

In February 2013, during the early months of the second term of the Obama administration, a standard interpretation related to Occupational Safety and Health Act regulations at 29 C.F.R. § 1903.8(c) that later became known as...more

BakerHostetler

Biden Administration Poised to Provide Union Organizers with Another Tool for Their Toolbox: The OSHA Inspection

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In January 2023, the Occupational Safety and Health Administration (OSHA) revived a rule that would permit worker-designated representatives to accompany OSHA during the inspection process, regardless of whether the...more

Benesch

Mixed Review: D.C. Circuit Nixes Some Trump-Era NLRB Election Changes, Saves Others

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On January 17, the U.S. Court of Appeals for the District of Columbia Circuit struck down certain Trump-era changes to the rules by which the National Labor Relations Board (NLRB) administers union elections. As...more

Perkins Coie

NLRB Returns to Obama-Era Microunit Standard

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On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more

Benesch

Appeals Court’s Joint Employer Ruling Provides Possible Roadmap for Overturning Trump Rule

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​​​​​​​The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more

Holland & Knight LLP

FRA Again Proposes Crew Size Regulation, Complicating Rail Union Negotiations

Holland & Knight LLP on

The Federal Railroad Administration (FRA), the federal agency that regulates rail safety, introduced a Notice of Proposed Rulemaking (NPRM) on July 28, 2022, that addresses the number of employees required to operate a train,...more

Benesch

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

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The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

Sheppard Mullin Richter & Hampton LLP

Scabby Survives Another Trip to the NLRB: Board Reaffirms Rat-and-Banner Displays Targeting Neutral Businesses Are Permissible

On July 21, 2021, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision affirming its precedent that displaying banners and a large inflatable rat (“Scabby the Rat”) near neutral employers does not...more

Jackson Lewis P.C.

President Biden Moved Quickly To Re-Direct NLRB In First 100 Days

Jackson Lewis P.C. on

President Joe Biden was sworn into office on January 20, 2021. In just the first 100 days, the Biden Administration has begun its return to more labor-friendly policies, rules, and decisions, similar to those issued under the...more

Holland & Knight LLP

Another Shift on Joint Employment and Independent Contractors

Holland & Knight LLP on

Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

Fox Rothschild LLP

NLRB Reinstates Longstanding Precedent: Employers Do Not Have A Pre-Discipline Bargaining Duty Prior To First Union Contract

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In a clear victory for management that overturns yet another Obama-era decision, the National Labor Relations Board has held that a recently unionized business that has not yet signed its first labor contract is not obligated...more

Vinson & Elkins LLP

The Rejection Of NLRB Election Amendments And Its Impact On Workplace Organizing

Vinson & Elkins LLP on

Recent National Labor Relations Board efforts to reverse portions of union election reforms implemented by the Obama administration have seen a major setback following the rejection of several core amendments to those reforms...more

Bradley Arant Boult Cummings LLP

National Labor Relations Board Reverses Another Obama-Era Labor Board Ruling and Reinstates Historical Deferral Doctrine

The National Labor Relations Board in recent weeks has continued to overturn Board decisions from President Obama’s administration. In United Parcel Service, Inc., the current Republican-controlled Board returned to a...more

DirectEmployers Association

OFCCP Week In Review: December 2019 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

White and Williams LLP

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

White and Williams LLP on

Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more

Parker Poe Adams & Bernstein LLP

NLRB Relaxes Obama-Era Rules on Union Election Timetable

In 2014, the National Labor Relations Board adopted regulations that considerably shortened the time period between certification of a petition for union recognition and the election on this question. In addition, the rules...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What’s Old Is New Again - Dues Checkoff Requirements Expire With CBAs

On December 16, 2019, in Valley Hospital Medical Center, Inc., Case 28-CA-213783, the National Labor Relations Board (NLRB) reversed Lincoln Lutheran of Racine, a controversial Obama Board decision that had overruled more...more

Benesch

Employers May Stop Deducting Employee Union Dues When Contract Expires

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On December 16, the final day of lone Democrat Lauren McFerran’s term, the National Labor Relations Board (“NLRB” or the “Board”) overruled a recent, Obama-era decision that required an employer to comply with its union dues...more

DirectEmployers Association

OFCCP Week In Review: November 2019 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Epstein Becker & Green

Employment Law This Week®: DOL’s Final Overtime Rule, CA Codifies “ABC Test,” Pay Data Collection Beyond 2018, NLRB’s Busy Summer

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This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into October 2019. The episode includes: 1. DOL Issues Final Overtime Rule On September 24, the U.S. Department...more

Bricker Graydon LLP

NLRB Does What Every Watcher Expected It To Do: Declares That Teaching And Research Assistants Are Not Employees…And Does So In A...

Bricker Graydon LLP on

In the latest volley across the partisan line in the saga of whether college teaching and research assistants can unionize, the National Labor Relations Board (NLRB) released a proposed rule that would deny the ability to...more

ArentFox Schiff

NLRB: Proposed Micro-Unit of Boeing Mechanics Is Not Going to Fly

ArentFox Schiff on

In a 3-1 representation case, the National Labor Relations Board recently continued its roll-back on Obama-era precedents, invalidating a 180-member “micro-unit” of Boeing mechanics. The Board held in The Boeing Company and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Court Rejects MSHA’s Revisions to Workplace Examination Rule

Due to a recent court decision, metal/nonmetal mine operators are again facing the possibility of having to comply with two of the more onerous provisions of the Mine Safety and Health Administration’s (MSHA) workplace...more

Benesch

Department of Labor Formally Kills Obama-Era Persuader Rule and Joint-Employer News

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Obama-Era Persuader Rule is Finally Dead - On July 17, 2018, the Department of Labor (“DOL”) formally announced what has appeared inevitable since President Trump’s election – the Obama-era “Persuader Rule” is officially...more

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