The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were...more
5/29/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Article II ,
Constitutional Challenges ,
Employment Litigation ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
Merits Systems Protection Board ,
NLRB ,
SCOTUS ,
Stays ,
Termination ,
Trump Administration
The full U.S. Court of Appeals for the District of Columbia Circuit, in a 7-4 decision, has put Gwynne Wilcox (D), the on-again, off-again Member of the National Labor Relations Board, back on the Board. Member Wilcox, a...more
4/9/2025
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Constitutional Challenges ,
Employment Litigation ,
En Banc Review ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Statutory Interpretation ,
Trump Administration
The termination of NLRB Member Gwynne Wilcox is back in place, at least for the time being. Earlier this month, Judge Beryl A. Howell issued an injunction that blocked President Trump and Marvin Kaplan, Chairman of the...more
4/2/2025
/ Appeals ,
Biden Administration ,
Constitutional Challenges ,
Executive Powers ,
Federal Labor Laws ,
FTC Act ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Stays ,
Termination ,
Trump Administration
The legal dispute over President Donald Trump’s removal of National Labor Relations Board Member Gwynne A. Wilcox may be on a fast track to review by the U.S. Supreme Court. Ms. Wilcox, a Democrat appointed by President...more
3/18/2025
/ Appeals ,
Board Members ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Hiring & Firing ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Quorum ,
Termination ,
Trump Administration
On February 14, the Acting General Counsel of the National Labor Relations Board issued a Memorandum announcing the rescission of many of the memoranda issued by his predecessor, General Counsel Jennifer Abruzzo. GC Abruzzo...more
2/21/2025
/ Biden Administration ,
Constitutional Challenges ,
Employment Litigation ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Quorum ,
Regulatory Reform ,
Rescission ,
Trump Administration ,
Unfair Labor Practices ,
Unions
On March 8, a federal judge in Texas ruled that the National Labor Relations Board’s new joint employer regulations, which were to take effect yesterday, are invalid as inconsistent with the National Labor Relations Act. ...more
In an order issued yesterday, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas, issued a two-week stay (through March 11) of the National Labor Relations Board’s new joint employer...more
The National Labor Relations Board announced Thursday that it was delaying the effective date of its new joint employer regulations from the original December 26 (end of next month) to February 26, 2024. The Board asserts...more
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
10/31/2023
/ Browning-Ferris Industries of California Inc. ,
Compensation & Benefits ,
Hiring & Firing ,
Job Duties ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Supervision ,
Unfair Labor Practices ,
Wage and Hour ,
Workplace Safety
The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more
9/1/2023
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Cemex ,
Collective Bargaining ,
Employees ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Section 7 ,
Unfair Labor Practices ,
Union Elections ,
Unions
The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more
8/17/2023
/ Boeing ,
Burden of Proof ,
Chilling Effect ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Interference Claims ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unions
On Wednesday the National Labor Relations Board reverted to an Obama-era standard for determining whether a worker was an “employee” or an “independent contractor.” As you might suspect, the new standard makes it more likely...more
On May 1, the National Labor Relations Board issued a decision that will restore protection for employee misconduct when it occurs during protected concerted activity.
In Lion Elastomers LLC II, the Board overruled 3-1 a...more
On Tuesday, the National Labor Relations Board issued yet another decision reversing precedent established by the Trump-era Board in 2020. In McLaren Macomb, the three-member Democratic majority decided that employers may not...more
On Friday, the National Labor Relations Board, in a 3-2 decision in Bexar County Performing Arts Center Foundation II, changed the standard applicable to property owners seeking to restrict off-duty, outside contractor...more
On Wednesday, the National Labor Relations Board modified the standard used to determine whether a “petitioned-for” bargaining unit is appropriate for union representation when a party contends that the unit is inappropriate...more
On Tuesday, the National Labor Relations Board, in a 3-2 decision, expanded the remedy available for unfair labor practices to include a make-whole remedy for "all direct or foreseeable pecuniary harms” resulting from the...more
The Biden Administration’s efforts at adjusting the balance of labor relations toward the interests of organized labor, at least for now, must largely fall back on non-legislative means, given the Republican capture of the...more
12/7/2022
/ Department of Labor (DOL) ,
Federal Register ,
Joint Employers ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Proposed Rules ,
Unfair Labor Practices ,
Union Elections ,
Unions
The National Labor Relations Board may soon be coming for employers who electronically monitor their employees.
On October 31, the NLRB’s General Counsel Jennifer Abruzzo, who is the chief prosecutor for the Board, gave...more
President Joe Biden issued an Executive Order on Monday establishing a task force whose stated purpose will be to recommend ways that existing laws and policies may be used to promote “worker power” -- in other words,...more
Labor law, along with other employment-related policy matters, is at the forefront of the political, economic, and oftentimes cultural divide in the nation. With the change in Presidential administrations, some knowledgeable...more
1/21/2021
/ ABC Test ,
Biden Administration ,
Boycotts ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Multi-Employer Pensions ,
NLRA ,
NLRB ,
Persuader Rules ,
Quickie Election Rules ,
Taft-Hartley Act ,
Trump Administration ,
Unfair Labor Practices ,
Unions
On June 23, the National Labor Relations Board issued a decision in Care One at New Milford, finding that employers have no statutory obligation to bargain before instituting discretionary employee discipline that is...more
The National Labor Relations Board has announced that it will move forward with parts of its new election regulations that were not blocked by a May 30 order from a federal judge in the District of Columbia.
The election...more
In a flurry of decisions issued this month, the Republican majority on the National Labor Relations Board overruled several Obama-era decisions.
The decisions concern employer rules for confidentiality in investigations,...more
Last Friday, the National Labor Relations Board announced a change to representation case procedures as part of an early holiday gift for employers. Generally, the changes extend deadlines for parties involved in R-cases,...more