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Labor Board Decision Broadly Approves Holding ULP Trials By Video

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

Top Five Labor Law Developments For July 2020

1. The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise...more

Top Five Labor Law Developments For June 2020

1.The National Labor Relations Board (NLRB) has restored a unionized employer’s right to unilaterally discipline or discharge an employee prior to executing a first collective bargaining agreement. 800 River Road Operating...more

Top Five Labor Law Developments For May 2020

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

Top Five Labor Law Developments For April 2020

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

NLRB Orders Mail Ballot Election Delayed By Pandemic Concerns To Proceed

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

NLRB Temporarily Changes Standard Notice-Posting Remedy During COVID-19 Pandemic

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

Plan Ahead, Employers: NLRB Ordering Mail Ballot Elections Because Of COVID-19 Pandemic

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

Top Five Labor Law Developments For March 2020

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

NLRB Joint-Employer Rule Effective April 27, 2020

The National Labor Relations Board’s (NLRB) final rule governing determination of joint-employer status under the National Labor Relations Act (NLRA), restoring the standard that was applied for several decades, will become...more

GC Memo Summarizes NLRB Decisions About Duty To Bargain in Emergency Situations

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

Strings Attached: Accepting COVID-19 Financial Relief Could Limit Ability To Oppose Union Organizing

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

NLRB Delays Election Rule Start Date To June 1 At Judge’s Request

The National Labor Relations Board (NLRB) has delayed implementation of its new representation case rules to June 1, 2020. (For more on the new rule, which was supposed to be effective on April 16, 2020, see Labor Board:...more

3/23/2020  /  NLRB

Virginia Opens Door To Collective Bargaining For Public Employees

The Virginia General Assembly has passed legislation that paves the way for Virginia counties, cities, and towns to adopt local ordinances or resolutions authorizing collective bargaining with labor unions on behalf of public...more

Top Five Labor Law Developments For January And February 2020

1.The Trump Administration announced its intent to re-nominate National Labor Relations Board (NLRB) member Marvin Kaplan and former member Lauren McFerran. President Donald Trump is preparing a nomination package to ensure...more

Labor Board Issues Final Rule For Determining Joint-Employer Status

The National Labor Relations Board (NLRB) has published its final rule governing determination of joint-employer status under the National Labor Relations Act (NLRA), restoring the standard that was applied for several...more

Is Union Organizing Among Tech Workers Ready To Breakout?

White-collar, high-tech workers at Kickstarter in Brooklyn have voted 47-36 for union representation by the Office and Professional Employees International Union (OPEIU) in an election conducted by the National Labor...more

NLRB: Confidentiality, Cell Phone, Electronic Communications Policies Lawful Under NLRB’s Work Rules Decisions

Applying its decisions in Boeing Co. (365 NLRB No. 154) and Caesars Entertainment Corp. (368 NLRB No. 143), the National Labor Relations Board (NLRB) has overturned an Administrative Law Judge’s (ALJ) finding that an employer...more

New York’s Farm Wage Board Begins Meetings On Overtime Threshold For Agricultural Laborers

New York’s Farm Laborers Fair Labor Practices Act went into effect on January 1, 2020, drastically altering the employment relationship between agricultural employees and their employers. Until now, workplace protections for...more

Union Membership Rates Continue To Decline

By almost every measure, union membership rates continued its steady decline in 2019, according to the latest statistics on unionization rates in the United States from the Bureau of Labor Statistics (BLS). The overall union...more

Top Five Labor Law Developments For December 2019

1.The National Labor Relations Board (NLRB) has announced comprehensive changes to its election procedures, largely revamping the Obama-era “quickie” election rules. The new rules will slow down the election process greatly....more

Federal Court Taps Brakes On New York’s Sweeping New Farmworker Labor Law

New York’s Farm Laborers Fair Labor Practices Act went into effect on January 1, 2020. Two days earlier, two agricultural business associations filed a challenge to the law in federal court requesting a temporary restraining...more

‘Coyotes’ On The Loose At Utah Construction Sites May Be Trouble For Contractors

Following a local television station’s report of labor brokers paying cash to construction laborers to avoid paying taxes for these workers, a Utah state legislator said she plans to introduce legislation in 2020 to increase...more

How To Lower Risk By Cutting Harmful Company Documents

While company documents are necessary, some can expose a company to liability and other harms. Knowing how to identify and cut the harmful ones may help a company lower corporate risks. Here are three ways a company can...more

The Aging Construction Industry: Keeping Skilled Employees Longer

Workers in the construction industry tend to be older than those in other industries, according to the National Association of Home Builders. The median age of construction workers is 42 years old, a year older than the...more

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