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Acting NLRB General Counsel Rolls Back Biden-Era Guidance Memos

Details On February 14, the acting General Counsel (GC) of the National Labor Relations Board (NLRB), William Cowen, announced the rescission of memoranda issued by his predecessor under the Biden administration. The...more

National Labor Relations Board Ditches Decades-Long Precedent on Employers’ Unionization Threats

On November 8, in Siren Retail Corp., 373 NLRB No. 135 d/b/a Starbucks, the National Labor Relations Board (NLRB or Board) overturned its categorical rule that immunized nearly all employers’ statements concerning the effects...more

NLRB Reverts to Tougher Contractor Standard

On June 13, 2023, the National Labor Relations Board (NLRB) reconsidered its standard when determining whether workers are covered employees under the National Labor Relations Act or, instead, are independent contractors...more

NLRB's General Counsel Declares That Non-Compete Agreements Should Be Unenforceable

On May 30, Jennifer A. Abruzzo, general counsel for the National Labor Relations Board (NLRB), issued new directives regarding the enforceability of non-compete agreements. Abruzzo’s memorandum contends generally that...more

NLRB Gives Workers Greater Leeway to Engage in Abusive Conduct

On May 1, 2023, the National Labor Relations Board (the Board) issued its decision in Lion Elastomers LLC II and made it more difficult for employers to discipline employees for misconduct and outbursts. Now employers must...more

NLRB ‘Will Not Stop Short’ in Imposing Remedies for Failure to Bargain

On April 20, 2023, the National Labor Relations Board (the Board) issued its decision in Noah’s Ark Processors, LLC (Noah’s Ark), holding that Noah’s Ark, a Nebraska meat processor, violated the National Labor Relations Act...more

National Labor Relations Board Lowers Bar for Bargaining Unit Test

On December 14, 2022, the National Labor Relations Board (the Board) issued a major decision in American Steel Construction that makes it easier for unions to petition for smaller units of an entire workforce for purposes of...more

Court Limits Workers’ Rights to Form Micro Units for Collective Bargaining Purposes

The D.C. Circuit overturned a decision that allowed Chicago-area hotel workers (housekeepers and food and beverage staff) to form extremely narrow bargaining units. In its decision, the D.C. Circuit held that the NLRB failed...more

DOL Proposes Independent Contractor Rule Shielding Companies from Costly Federal Misclassification Claims

On September 22, 2020, the Department of Labor (“DOL”) unveiled a new, proposed rule for classifying workers as either independent contractors or employees. This is important because employees are covered by the federal...more

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