The National Labor Relations Board (“NLRB”) is sharpening its focus on “salting”—the practice of union organizers seeking employment with non-union employers to facilitate organizing campaigns. On July 24, 2025, the NLRB’s...more
8/12/2025
/ Corporate Counsel ,
Employment Policies ,
Hiring & Firing ,
Investigations ,
Labor Relations ,
New Guidance ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Organizers ,
Unions
On May 22, 2025, the U.S. Supreme Court ruled National Labor Relations Board (“NLRB”) Member Gwynne Wilcox cannot return to work while she challenges President Donald Trump’s decision to terminate her without cause. The...more
National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months.
Since President Donald Trump terminated Wilcox from her position on January 28, 2025, Wilcox’s...more
4/11/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Employment Litigation ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Popular ,
SCOTUS ,
Statutory Interpretation ,
Trump Administration
On April 7, 2025, the U.S. Court of Appeals for the District of Columbia held that President Trump’s termination of National Labor Relations Board (“NLRB” or the “Board”) Member Gwynne Wilcox was unlawful. The decision marks...more
4/8/2025
/ Appeals ,
Constitutional Challenges ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
NRLA ,
Statutory Interpretation ,
Trump Administration ,
Unions
A three-judge panel for the U.S. Court of Appeals issued a favorable ruling for President Trump, staying a recent district court decision that ruled his termination of National Labor Relations Board (“NLRB” or the “Board”)...more
4/2/2025
/ Appeals ,
Constitutional Challenges ,
Employment Litigation ,
Executive Orders ,
Federal Labor Laws ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
NRLA ,
Statutory Interpretation ,
Trump Administration ,
Unions
As we previously reported, the National Labor Relations Board (“NLRB” or “Board”) under President Biden is working to undo much of any employer-friendly actions taken during the previous administration. On February 21, 2023,...more
As we previously reported, the National Labor Relations Board (“NLRB” or the “Board”) has been undergoing a seismic change of direction. With two memoranda published September 8th and September 15th, NLRB General Counsel...more
9/23/2021
/ Collective Bargaining ,
Compensation ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
NLRA ,
NLRB ,
Settlement Negotiations ,
Unfair Labor Practices ,
Unions ,
Unlawful Practices ,
Wrongful Termination
The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more
1/3/2020
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Arbitration Agreements ,
Babcock & Wilcox Construction ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Disciplinary Proceedings ,
Employment Contract ,
Filing Grievances ,
Grievance Process ,
Hiring & Firing ,
Labor Law Violations ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions ,
UPS ,
Wrongful Termination
It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more
9/12/2019
/ Adverse Employment Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Offensive Language ,
Protected Concerted Activity ,
Racist Remarks ,
Unfair Labor Practices ,
Unions
Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more
9/6/2019
/ Administrative Law Judge (ALJ) ,
Administrative Review ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Former Employer ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Reversal ,
Unfair Labor Practices ,
Wrongful Termination
The circumstances under which an asset buyer has a duty to bargain with an incumbent union may be changing. In NLRB v. Burns Security Services, Inc., 406 U.S. 272 (1972), the Supreme Court held that an employer who purchases...more
4/10/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Duty to Bargain ,
Employer Liability Issues ,
Employment Terms ,
Exceptions ,
Hiring & Firing ,
NLRA ,
NLRB ,
Successors ,
Unions
The National Labor Relations Board has made good on its recent promise to move forward with rulemaking to re-establish the decades-old joint employer standard in place prior to the Board’s 2015 decision in Browning-Ferris...more
9/14/2018
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Employer Liability Issues ,
Franchisee ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Proposed Regulation ,
Public Comment ,
Rulemaking Process ,
Terms and Conditions