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
On August 25, the National Labor Relations Board (the Board) issued a monumental decision in Cemex Construction Materials Pacific, LLC, enacting a new framework for unions to gain recognition without a formal representation...more
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
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
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
5/5/2023
/ Discipline ,
Dispute Resolution ,
Employee Misconduct ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
NLRA ,
NLRB ,
Policies and Procedures ,
Profanity ,
Unions
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
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
On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule to expand the definition of “joint employer” under the National Labor Relations Act (NLRA). If the proposed rule is adopted, a party will be...more
9/12/2022
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Employer Liability Issues ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Proposed Rules ,
Public Comment ,
Rulemaking Process ,
Terms and Conditions
On August 29, 2022, the National Labor Relations Board (the Board) issued a major decision in Tesla Inc. that reversed a previous standard set by the Board in 2019. Previously, employers enjoyed substantial discretion to...more
National Labor Relations Board (NLRB or the Board) General Counsel Jennifer Abruzzo indicated in a memo to regional directors this week that she is seeking to ban mandatory employee meetings, a tool that has been utilized by...more
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
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
9/25/2020
/ Class Action ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
NLRB ,
Proposed Rules ,
State Labor Laws ,
Trump Administration ,
Wage and Hour
On February 26, 2018, the National Labor Relations Board (“NLRB”) issued an Order vacating its decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017) (“Hy-Brand”). The decision...more
3/7/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Joint Employers ,
Labor Policies ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Trump Administration ,
Unions ,
Vacated