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NLRB Makes Union Organization Easier, Loosens Test for Approval of Collective Bargaining “Micro-Units”

On Wednesday, the National Labor Relations Board issued a groundbreaking decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), reviving the concept of collective bargaining “micro-units.” Micro-units are...more

NLRB Proposes Reversing Trump-Era Joint-Employer Standard

​​​​​​​On September 6, 2022, the National Labor Relations Board (the “Board”) issued a draft rule replacing and significantly altering the Trump-era 2020 joint-employer standard. Standard for Determining Joint-Employer Status...more

General Counsel Seeks to Overturn 74 Years of Board Law Allowing Employers to Hold Anti-Union Meetings

The chief lawyer for the National Labor Relations Board (the “Board”) wants to ban mandatory meetings called by employers during worktime to dissuade employees from joining unions, calling them an “unlawful threat” to...more

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

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

Is the end near? Supreme Court set to rule on whether California’s PAGA law runs afoul of the Federal Arbitration Act

Generally, the Federal Arbitration Act (“FAA”) has routinely been enforced by the balance of the nation’s courts over the years, as it codifies accepted deference to parties’ contracts and agreements and has been held to...more

House Passes Union-Friendly ‘PRO Act’; Employers Call It a Con

The House of Representatives passed a bill that would overhaul federal labor law with the express purpose of making it easier for unions to organize workers and more difficult for employers to classify them as independent...more

NLRB Makes it Simpler to Discipline Profane or Abusive Employee Conduct

On July 21, 2020, the National Labor Relations Board (“NLRB” or “the Board”) issued its decision in General Motors LLC, 369 NLRB No. 127, reviving the Wright Line test and making it easier for employers to discipline an...more

July 20, 2020 Strike for Black Lives and Enforcement of No-Strike Clauses

The Movement for Black Lives (“M4BL”), in coalition with the Service Employees International Union, the American Federation of Teachers, United Farm Workers, and Fight for 15, recently announced the organization of a...more

NLRB Finalizes Rule Addressing Blocking Charges and Other Election Issues

On March 31, the National Labor Relations Board (“NLRB”) finalized a series of rules, slated for publication on April 1, addressing union elections and recognition, which were originally proposed last August. The three parts...more

4/2/2020  /  Final Rules , NLRA , NLRB , Union Elections , Unions

Recently Published Department of Labor Final Rule Overhauls FLSA Joint Employer Test

On January 12, 2020, the Department of Labor (Department) announced a final rule to revise and update its regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA) (see prior alert on Department...more

NLRB Blesses Wal-Mart Policy Restricting Union Insignia at Work

Just before Christmas, the National Labor Relations Board (“NLRB”) evaluated two dress code policies limiting - but not prohibiting - employees from wearing union insignia at work. Wal-Mart Stores, Inc., 368 NLRB No. 146...more

NLRB Continues Employer-Friendly Shift; Employers Can Prohibit Discussion of Workplace Investigations

Adding to its recent spate of employer-friendly moves, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision on December 17, 2019. Apogee Retail LLC, 368 NLRB No. 144 (2019). The 3-1 decision,...more

NLRB Abandons Long-Standing Precedent Regarding Management’s Ability to Unilaterally Change Terms and Conditions of Employment

The National Labor Relations Board (“NLRB”) continued its recent wave of significant decisions on September 10, 2019, when it adopted a new standard for analyzing whether an employer’s unilateral change to terms of employment...more

NLRB Continues to Define Employer Ability to Protect Property and Access; Overturns Union-Friendly Precedent

On Friday, September 6, 2019, the National Labor Relations Board (the “Board”) issued its third decision of the summer regarding employers’ ability to restrict access by nonemployees to its property (see prior analysis: Board...more

Misclassifying Workers Does Not Violate National Labor Relations Act

On August 29, 2019, the National Labor Relations Board (the “Board”) refused to extend the National Labor Relations Act (the “Act”) to create a new standalone violation under Section 8(a)(1). In Velox Express, Inc., 368 NLRB...more

NLRB Rules that Employers Can Prohibit Access of Off-Duty Employees of Contractors for Section 7 Rights

A property owner generally has the right to control access to its property, including the rights to restrict hours of access, to prohibit certain activities when access is granted, and exclude or prevent access. These rights...more

Board Ends Union’s “Gotcha” Strategy to Counter Anticipatory Withdrawal of Recognition

The National Labor Relations Board (“NLRB”) recently determined in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), that a new framework was required to analyze employees’ representation wishes when an employer...more

NLRB Overrules Board Precedent and Returns to Pure Supreme Court Test Regarding Union Solicitation

On June 14, 2019, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision overturning a 38-year precedent regarding non-employee union access to public spaces within an employer’s property. UPMC, 368...more

California Court Distinguishes U.S. Supreme Court Ruling Reaffirms PAGA Claims Are Not Subject To Mandatory Arbitration/N.J....

Last month, a California Court of Appeal reaffirmed that California’s Private Attorney General Act (“PAGA”) is outside the scope of the Federal Arbitration Act (“FAA”) and the Supreme Court’s 2018 opinion in Epic Systems v....more

NLRB Advice Memoranda Provides Guidance on Employer Work Rules and Social Media

The National Labor Relations Board released a series of advice memoranda this week, two of which applied the new Boeing test to determine if a company rule or policy unlawfully restricts employees’ Section 7 right to engage...more

NLRB Restores Independent Contractor Test in SuperShuttle

On Friday, January 25, 2019, the National Labor Relations Board (“NLRB”) overruled an Obama-era decision focused on determining whether workers were independent contractors or employees and restored entrepreneurship as a key...more

National Labor Relations Board Releases Language of Proposed Rule to Reverse Obama-Era Joint-Employer Standard

The National Labor Relations Board (“NLRB”) released today a draft rule that would reverse the Obama Board’s 2015 Browning-Ferris Industries joint-employer decision, which greatly expanded the NLRB’s test for determining...more

NLRB Turns Attention to Employer Email Systems

After a busy eight months since December of 2017 that saw the National Labor Relations Board (“NLRB”) issue a number of important decisions addressing topics such as joint-employers (rescinded), company policies, micro-units,...more

Despite Legality, Employee Arbitration Pacts Are No Panacea

On May 21, 2018, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton. The...more

Browning-Ferris Valid for Joint Employer Analysis Once Again

Just over two months after the National Labor Relations Board (“NLRB”) reversed the Browning-Ferris decision that re-wrote the test the NLRB used for joint employment (see our December 15 alert here), the Board vacated its...more

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