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
8/4/2022
/ Biden Administration ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Joint Employers ,
NLRB ,
Obama Administration ,
Regulatory Standards ,
Right to Control ,
Teamsters ,
Trump Administration ,
Unions
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
On February 4, 2022, President Joe Biden signed an Executive Order (“EO”) requiring project labor agreements (each a “PLA”) with unions on all federal construction projects valued at $35 million or more (defined in the EO as...more
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
1/10/2022
/ Biden Administration ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employee Definition ,
Franchisee ,
Franchises ,
Franchisors ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
NLRA ,
NLRB ,
Obama Administration ,
Staffing Agencies ,
Union Elections ,
Unions
Employers covered under OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”) have a duty to bargain with unions representing employees over certain aspects of the ETS, according to Jennifer Abruzzo,...more
11/12/2021
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Masks ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Temporary Regulations ,
Unions ,
Vaccinations ,
Virus Testing
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
3/12/2021
/ Collective Actions ,
Collective Bargaining ,
Employee Rights ,
Federal Arbitration Act ,
Federal Labor Laws ,
Independent Contractors ,
Labor Regulations ,
NLRA ,
NLRB ,
Pending Legislation ,
Union Elections ,
Unions
On July 28, 2020, the National Labor Relations Board (“NLRB” or the “Board”) announced another round of rule changes that would impact representation election procedures in two significant ways. We previously discussed prior...more
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
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
The Bureau of Labor Statistics (“BLS”) released its 2019 data regarding union membership on January 22, 2020. The decline of union membership in the private sector continues. Since 1983, the number of union members has...more
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
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
On September 9, 2019, the National Labor Relations Board (“NLRB”) continued its recent wave of activity in Boeing, 368 NLRB No. 67 (Sep. 9, 2019), by reaffirming its December 2017 decision in PCC Structurals, 355 NLRB No. 160...more
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
9/10/2019
/ Kroger ,
NLRA ,
NLRB ,
Non-Employees ,
Off-Duty Employee Access ,
Off-Duty Employees ,
Private Property ,
Property Owners ,
Protected Concerted Activity ,
Protests ,
Section 7 ,
Unions
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
The National Labor Relations Board (“NLRB”) announced last week that it was proposing a series of rule changes. The first and most important focuses on updating its “blocking charge” policy, as well as revising the rules...more
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
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
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
3/20/2019
/ Boeing ,
Corporate Counsel ,
Employment Policies ,
Facebook ,
Logos ,
NLRA ,
NLRB ,
Policy Memorandums ,
Social Networks ,
Unions ,
Workplace Attire
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
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
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
6/7/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Discovery ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
NLRA ,
NLRB ,
Private Attorneys General Act (PAGA) ,
Remedies ,
SCOTUS ,
Unions
On the heels of Thursday’s groundbreaking decisions reversing Browning-Ferris and Lutheran Heritage Village-Livonia, in another important decision on Friday, the National Labor Relations Board scrapped the Obama-era decision,...more
The National Labor Relations Board, composed of a Republican majority for the first time in more than ten years, acted quickly to reverse the controversial 2015 Browning-Ferris Industries decision which had drastically...more
In the early months of 2017, right-to-work legislation continues to garner significant attention as a number of states explore legislation. In early January, Kentucky passed legislation prohibiting employers from entering...more