The U.S. District Court for the Eastern District of Texas vacated the National Labor Relations Board’s (the Board or NLRB) final rule addressing the standard under which two entities may be considered joint employers under...more
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
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
11/1/2023
/ Employees ,
Employer Liability Issues ,
Employment Policies ,
Final Rules ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
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
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
12/22/2022
/ Bargaining Units ,
Boeing ,
Collective Bargaining ,
Employees ,
Employer Liability Issues ,
Labor Relations ,
Micro-Unions ,
NLRA ,
NLRB ,
Obama Administration ,
Trump Administration ,
Unions
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
4/22/2022
/ Employees ,
Employer Liability Issues ,
Employer Rights ,
Enforcement Actions ,
Investigations ,
Joe Biden ,
NLRB ,
NLRB General Counsel ,
Secret Ballot ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
No one needs an introduction to the dominant theme of 2020 in the field of traditional labor law. The main story, as in nearly all fields of law, was the COVID-19 pandemic and its impact on every aspect of American lives....more
1/14/2021
/ Absentee Voting ,
Biden Administration ,
Board of Directors ,
Congressional Oversight ,
Coronavirus/COVID-19 ,
Joint Employers ,
New Legislation ,
NLRA ,
NLRB ,
Proposed Legislation ,
Proposed Rules ,
Proxy Voting Guidelines ,
Rulemaking Process ,
Union Elections ,
Unions
President-elect Biden has long been allied with the labor movement, and during his tenure as vice president, the administration pursued policies favorable to organized labor. The same should be expected following his January...more
12/3/2020
/ Biden Administration ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Joint Employers ,
NLRA ,
NLRB ,
Private Sector ,
Public Sector Unions ,
State Labor Laws ,
Unfair Labor Practices ,
Unions
During 2019, the current National Labor Relations Board (the Board) majority became more active, beginning to overrule decisions handed down during the Obama administration and restoring decades of precedent.
In addition...more
1/17/2020
/ Administrative Law Judge (ALJ) ,
Ambush Election Rules ,
Federal Labor Laws ,
Final Rules ,
Labor Regulations ,
Labor Relations ,
New Rules ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Rulemaking Process ,
Union Elections ,
Union Organizers ,
Unions
The National Labor Relations Board announced a number of changes to its representation election rules on December 13, 2019, many of which, to some degree or another, restored elements of the Board’s procedures prior to the...more