In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more
9/22/2023
/ Collective Bargaining ,
Contract Negotiations ,
Corporate Counsel ,
Discipline ,
Duty to Bargain ,
Employee Handbooks ,
Employer Liability Issues ,
Independent Contractors ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Repeat Violations ,
Severance Agreements ,
Unfair Labor Practices ,
Union Elections ,
Union Organizers ,
Unions
The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No....more
The National Labor Relations Board has again revised its standard for assessing whether an employer’s facially neutral work rules (rules that do not explicitly restrict Section 7 activities) unlawfully restrict employee...more
The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023)....more
5/11/2023
/ Abusive Acts ,
Collective Bargaining ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Misconduct ,
Federal Contractors ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Subcontractors ,
Unfair Labor Practices ,
Unions
The National Labor Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labor Relations Act. Lion Elastomers LLC...more
1. The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022). Monetary remedies for violations of the...more
1/9/2023
/ Bargaining Units ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Budget ,
Information Technology ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
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
The National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr (AGC) has announced in a memorandum that his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the...more
4/7/2021
/ Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Minimum Wage ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Unions ,
Wage and Hour
1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more
9/21/2020
/ Administrative Law Judge (ALJ) ,
Boeing ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Federal Labor Laws ,
Furloughs ,
Layoffs ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Social Media ,
State Labor Laws ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
The National Labor Relations Board (NLRB) has explained the “past practice” analysis it applies in determining whether a unionized employer’s unilateral actions constitute an unlawful change under the NLRB’s decision in...more
1.The National Labor Relations Board (NLRB) reinstated its pre-2014 standard for determining whether an individual is an independent contractor or an employee. SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019). The NLRB...more
The National Labor Relations Board has established a new test for evaluating the lawfulness of an employer’s facially neutral workplace policies and rules.
Among the most consequential of the Board’s recent bombshell NLRB...more
Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded....more