Tag: nlrb

March 12, 2024

On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11. The rule would have implemented a new […]

February 28, 2024

The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants could violate Section 7 and Section 8(a)(1) of the National Labor […]

February 19, 2024

Labor organizing activity rose over the past two years with nearly as many representation election (RC) petitions filed with the National Labor Relations Board (NLRB) from 2022 through 2023 as the previous three years, while the average time to close […]

January 22, 2024

The National Labor Relations Board once again issued a new Final Rule for determining joint-employer status under the National Labor Relations Act. The joint-employer analysis has significant implications for employers, as it determines when one entity can be held liable […]

November 14, 2023

The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The memo is truly two memos in one: one […]

November 7, 2023

On October 26, 2023, the National Labor Relations Board (NLRB or the “Board”) issued its long-awaited final rule (the “New Rule”) addressing the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The new rule is effective […]

September 7, 2023

On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor Relations Act (NLRA) to include […]

September 1, 2023

On Aug. 25, 2023, the National Labor Relations Board (NLRB) published a final rule regarding election proceedings. In issuing the rule, the NLRB reinstated election procedures it issued in 2014. These procedures shorten the union election and certification processes and […]

August 29, 2023

On August 25, 2023, the National Labor Relations Board (NLRB) issued a decision that significantly narrows employers’ options in contesting union organizing efforts through secret ballot elections. The case, Cemex Construction Materials Pacific, LLC, reverses the NLRB’s 1971 Linden Lumber […]

August 9, 2023

On August 2, 2023, in Stericycle, Inc. (Stericycle), the National Labor Relations Board (the Board) revised the test for determining whether an employer’s workplace policies comply with the National Labor Relations Act (the NLRA). Stericycle reverses the Board’s 2017 decision […]

August 8, 2023

On August 2, 2023, in Stericycle, Inc. (Stericycle), the National Labor Relations Board (the Board) revised the test for determining whether an employer’s workplace policies comply with the National Labor Relations Act (the NLRA). Stericycle reverses the Board’s 2017 decision […]

August 3, 2023

The National Labor Relations Board (the “Board”) issued its long-awaited decision regarding employer work rules that impacts both unionized and non-unionized workplaces. In Stericycle, the Board altered the standard for whether a seemingly neutral workplace rule is nevertheless unlawful. Now, […]

August 2, 2023

In a much anticipated (yet thoroughly unsurprising) decision, on August 2, 2023, the National Labor Relations Board (NLRB or Board) again reversed precedent, crafting a what’s-old-is-new-again standard for evaluating – and easily invalidating – employer work rules. The long and […]

June 19, 2023

In FedEx Home Delivery, 361 NLRB 610 (2014) (FedEx II), the NLRB held that the inquiry would be guided by the non-exhaustive common-law factors enumerated in the Restatement (Second) of Agency, Section 220 (1958), and that “all of the incidents […]

June 15, 2023

The General Counsel for the National Labor Relations Board (“Board’) issued a Memorandum on May 30th delineating her position that noncompete agreements interfere with an employee’s rights under Section 7 of the National Labor Relations Act (“Act”), and therefore an […]

June 8, 2023

On May 16, 2023, National Labor Relations Board General Counsel Jennifer Abruzzo (the “GC”) issued revisions to her original July 6, 2020 memorandum of suggested manual election protocols for use during the COVID-19 pandemic, found here. The Board’s policies have […]

June 1, 2023

The National Labor Relations Board issued a decision in Lion Elastomers LLC II on May 1, 2023, reversing General Motors LLC, 369 NLRB No. 127 (2020) and changing the standards related to discipline or discharge of workers who are offensive, […]

June 1, 2023

National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo’s efforts to alter the labor and employment landscape continue. The GC’s latest controversial enforcement memorandum (GC Memo 23-08) asserts that certain non-compete provisions in employment contracts and severance agreements violate […]

May 4, 2023

On March 20, 2022, National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo issued a memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers updating the cases they are required to send to the NLRB Division of […]

April 26, 2023

The National Labor Relations Board (the “Board”) has traditionally been limited in ways to remedy violations of federal labor law. Often, the Board is constrained to ordering “make-whole” relief like backpay and employee reinstatement. However, as we reported in December […]