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
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
President Joe Biden signed legislation imposing a collective bargaining agreement between freight carriers and railroad unions, avoiding a nationwide strike. Congress passed the bill utilizing its authority under the Railway...more
1. The National Labor Relations Board modified its test for determining if COVID-19-related conditions warrant mail ballot union elections, potentially signaling a return to mostly in-person votes. Starbucks Corp., 371 NLRB...more
11/9/2022
/ Coronavirus/COVID-19 ,
Employee Monitoring ,
Mail-In Ballots ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Railways ,
Starbucks ,
Surveillance ,
Teamsters ,
Union Elections
Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace....more
1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher...more
9/12/2022
/ Collective Bargaining ,
Compensation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Legal Fees ,
NLRB ,
Reimbursements ,
Teamsters ,
Unions ,
Wage and Hour ,
Willful Misconduct
1. On Nov. 19, 2021, the House passed a version of the Build Back Better Act that would vastly expand employer liability under the National Labor Relations Act (NLRA). The bill adds aggressive “civil penalties,” on top of the...more
12/15/2021
/ Back Pay ,
Coronavirus/COVID-19 ,
Foreign Workers ,
Hiring & Firing ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Reinstatement ,
Student Athletes ,
Unfair Labor Practices ,
Unions ,
Vaccinations ,
Virus Testing
1. The Senate confirmed Jennifer Abruzzo to the National Labor Relations Board (NLRB) General Counsel post and Gwynne Wilcox and David Prouty as NLRB members. Approved on July 21 by a narrow 51-50 vote, with Vice President...more
8/23/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Email Policies ,
First Amendment ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Union Organizers ,
Unions ,
USPS ,
Vaccinations ,
Virus Testing
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) provided guidance on the propriety of mail or manual ballot elections. Aspirus Keweenaw, 370 NLRB No. 45 (Nov. 9, 2020). In this case, the NLRB set forth the considerations...more
1. Thus far in 2020, unions prevailed in mail ballot elections at the same rate as in-person elections. According to an October 16 Bloomberg report, although voter participation was low, unions won seven out of 10 National...more
11/18/2020
/ 401k ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Mail-In Ballots ,
NLRA ,
NLRB ,
Office of Administrative Law Judges (OALJ) ,
State Labor Laws ,
Unions ,
Wage and Hour
As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of...more
11/10/2020
/ Affordable Care Act ,
Arbitration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Immigration ,
Joe Biden ,
NLRB ,
Sexual Stereotyping ,
STEM
1.National Labor Relations Board (NLRB) General Counsel Peter Robb has issued guidance addressing employer assistance in union organizing and decertification elections. In Memorandum GC 20-13 (Sept. 4, 2020), “Guidance...more
10/19/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Labor Laws ,
Furloughs ,
Hazard Pay ,
Interpreters ,
NLRA ,
NLRB ,
Personal Protective Equipment ,
Protests ,
Unions ,
Unpaid Leave ,
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) upheld an administrative law judge’s (ALJ) ruling directing that an unfair labor practice trial be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more
1.The National Labor Relations Board (NLRB) implemented several parts of its new election rule that were not enjoined by a federal district court judge. The new rule aims to reform the controversial Obama-era “quickie...more
1. The National Labor Relations Board (NLRB) has signaled its intention to amend its criteria for ordering mail-ballot elections, even as some regional offices are directing mail-ballot elections due to the COVID-19 pandemic....more
The National Labor Relations Board (NLRB) has lifted its stay of a mail ballot election ordered by a Regional Director and denied the employer’s Request for Review of the Regional Director’s decision, based on the COVID-19...more
The National Labor Relations Board (NLRB) is beginning to address procedural disruptions arising due to the COVID-19 pandemic. On May 6, 2020, without a request from any party to a case, the NLRB “announce[d] . . . a...more
Recent representation case decisions and directions of election by National Labor Relations Board (NLRB) Regional Directors strongly suggest that, until the COVID-19 pandemic subsides, employers will have a difficult time...more
1.Employers affected by the COVID-19 pandemic may receive some financial relief from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, but the assistance comes with union-related strings attached for some...more
Peter B. Robb, the General Counsel (GC) of the National Labor Relations Board (NLRB) has issued a Memorandum setting forth summaries of NLRB decisions about unionized employers’ duty to bargain in emergency situations. The...more
Businesses that seek financial assistance under the Coronavirus Aid, Relief, and Economic Security (CARES) Act will be subject to several unique restrictions that could dramatically affect a company’s future. While the...more
3/27/2020
/ CARES Act ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Loans ,
Financial Stimulus ,
Loans ,
Offshoring ,
Outsourcing ,
Proposed Legislation ,
Small Business ,
Unions