On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more
Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel (GC) memoranda are not the official...more
3/3/2025
/ Employment Contract ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Labor Reform ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Restrictive Covenants ,
Rulemaking Process ,
Severance Agreements
Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more
7/30/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Labor Regulations ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
NLRA ,
NLRB ,
OSHA ,
Over-Time ,
SCOTUS ,
Starbucks Corp. v McKinney ,
Statutory Interpretation
Last week, in a setback for employers, the National Labor Relations Board (NLRB) adopted a new legal standard to determine whether facially neutral policies, handbook provisions, and work rules – those that don’t expressly...more
The pendulum has swung again in the National Labor Relations Board’s (NLRB) continued effort to distinguish employees from independent contractors.
In FedEx Home Delivery, 361 NLRB 610 (2014) (FedEx II), the NLRB held that...more
In another pro-employee decision, the National Labor Relations Board (NLRB) has held that the familiar Wright Line standard no longer governs cases involving employees disciplined for engaging in offensive or abusive conduct...more
For years, the National Labor Relations Board (NLRB) sought to make wronged employees whole for the consequences of a respondent’s unfair labor practices. Last week, in a 3–2 decision, the Board clarified that its available...more
This week, in a memorandum addressed to all Regional Directors, Officers-in-Charge, and Resident Officers, the Board’s Office of the General Counsel announced a new protocol designed to advance immigrant worker protections to...more
On his first day in office, President Biden took the unprecedented step of terminating NLRB General Counsel Peter Robb, without cause and before his statutory term expired. Biden named Peter Sung Ohr as Acting General...more
Last week, in a memorandum to NLRB regional directors, officers in charge, and resident officers, Board General Counsel Jennifer Abruzzo said scholarship athletes who generate millions for their schools “are employees under...more
Perhaps you’ve seen it: A gigantic, inflatable, plastic, fanged, red-eyed, and beclawed rat, nicknamed Scabby, that unions sometimes deploy when protesting non-union businesses. Former NLRB General Counsel targeted Scabby for...more
In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean.
Executive Order 13950 -
As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more
2/10/2021
/ Anti-Retaliation Provisions ,
Arbitration ,
Biden Administration ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Definition ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Healthcare Workers ,
Mediation ,
Mine Safety and Health Administration (MSHA) ,
Minimum Wage ,
NLRA ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Prevailing Wages ,
Taft-Hartley Act ,
Unions ,
Wage and Hour ,
Workplace Safety
Upending recent precedent, the National Labor Relations Board, yesterday, proposed a rule that, if adopted, will exempt from the NLRB’s jurisdiction undergraduate and graduate students who perform services in connection with...more
9/25/2019
/ Collective Bargaining ,
Colleges ,
Graduate Students ,
NLRA ,
NLRB ,
Private Schools ,
Proposed Rules ,
Student Employees ,
Students ,
Teaching Assistants ,
Unions ,
Universities
In its groundbreaking decision in Epic Systems Corp. v. Lewis, 584 US ___, 138 S. Ct. 1612 (2018), the Supreme Court held that the National Labor Relations Act permits employer/employee agreements that contain class- and...more