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Courts Revisit the Boundaries of “Adverse Employment Actions” Under Title VII

Courts continue to explore whether the threshold for actionable “adverse employment actions” under Title VII of the Civil Rights Act of 1964 has been construed too narrowly. Upending several decades of precedent, in 2023, the...more

NLRB General Counsel Issues Cemex Guidance

This summer, the National Labor Relations Board (the Board or NLRB) issued a decision in Cemex Construction Materials Pacific, LLC that upended decades of precedent regarding the representation election process. A more...more

National Labor Relations Board Addresses Joint Employer Standard

The National Labor Relations Board (NLRB) released a final rule on October 26, 2023, which addresses the standard under which two entities may be considered joint employers under the National Labor Relations Act (NLRA). The...more

National Labor Relations Board Announces New Requirements for Union Representation Cases

The U.S. National Labor Relations Board (the Board) issued a decision in Cemex Construction Materials Pacific, LLC on August 25, 2023, upending decades of precedent regarding the representation election process. Per the...more

NLRB Returns to Obama-Era Microunit Standard

On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more

NLRB GC Abruzzo Signals Significant Changes for Employers in Cemex Brief

The general counsel for the National Labor Relations Board (the Board), Jennifer Abruzzo, on April 11, 2022, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, LLC, 28-CA-230115 et al.,...more

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