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Texas Federal Judge Struck Down Labor Board’s New Joint-Employer Rule

A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553...more

College Athletes Closer to Being ‘Joint Employees’: NLRB Moves Case Against USC, the Pac-12, and NCAA

The fast-changing world of college athletics is about to collide with the ever-changing doctrine of joint employment. In January 2022, on behalf of football and basketball athletes at the University of Southern California...more

Browning Ferris Returns: NLRB Again Proposes New Broader Rule for Determining Joint Employer Status

The National Labor Relations Board (“NLRB” or “the Board”) has proposed a new rule for determining joint employer status under the National Labor Relations Act (“NLRA”)....more

NLRB General Counsel Instructs Regions To Seek Enhanced Penalties NOW

As we discussed in our recent report on National Labor Relations Board General Counsel (“GC”) Jennifer Abruzzo’s August 12th agenda for the direction of NLRB case law, employers should be ready for an aggressive expansion of...more

A Back Door To The PRO Act: NLRB General Counsel’s Aggressive Agenda Raises New Risks For Employers

While one of organized labor’s most important legislative priorities, the Protecting the Right to Organize Act (PRO Act), languishes with a seemingly limited chance at becoming law, employers still must brace for substantial...more

Access To Private Property: Labor Board Rules Girl Scout Cookies And Union Protesters Are Different

A nonemployee’s solicitation for charitable or civic causes on an employer’s property is not the equivalent of a nonemployee union representative’s engaging in a protest soliciting customers to boycott an employer or in union...more

Labor Board Seeks Public Comments On Proposed Rule For Determining Joint-Employer Status

The National Labor Relations Board has published a proposed rule outlining a new standard for determining joint-employer status under the National Labor Relations Act. The Board’s decision to use its rulemaking authority —...more

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