News & Analysis as of

Collective Bargaining National Labor Relations Board Employment Policies

Conn Maciel Carey LLP

Changes on the Horizon for the National Labor Relations Board

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A period of inactivity at the top adjudicative level of the National Labor Relations Board (NLRB) may soon be over with the potential appointment of two new Board members. Last week, the President nominated Scott Mayer and...more

Smith Anderson

NLRB Acting General Counsel Overturns Numerous Pro-Labor Biden-Era Policies

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On February 14, 2025, the National Labor Relations Board’s ("NLRB" or "Board") Acting General Counsel ("GC"), William Cowen issued General Counsel Memoranda ("GC Memo") 25-05, which rescinded more than a dozen GC Memos issued...more

Baker Donelson

NLRB Places Further Restrictions on Employers: Captive Audience Meetings

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The National Labor Relations Board (the Board) voted 3-1 on November 13, 2024, (along party lines, with Member Kaplan dissenting) to prohibit so-called "captive audience" meetings.1 In doing so, the Board overturned...more

Fisher Phillips

What Employers Need to Know About the Current State of the NLRB

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A series of game-changing moves from the White House have left employers struggling to understand the lay of the land when it comes to the nation’s labor law. Even though it might feel like we’re entering unchartered...more

Fisher Phillips

Republican Senator Surprises Employers By Releasing Framework for Pro-Labor Bill: 7 Key Sections to Track

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Just days into the newest Congressional session, a key Republican Senator shocked many employers by pushing for a law that would significantly tilt the playing field to the benefit of unions and labor advocates. Senator Josh...more

Venable LLP

Prepare for Pro-Employer Shift in Labor Law under the Trump Administration

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Decisions and policies under the National Labor Relations Board ("NLRB" or "Board") have become increasingly politicized the last few decades resulting in significant swings between pro-employer and pro-union/employee...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your January To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Neal, Gerber & Eisenberg LLP

Looking Ahead: The Potential Impact of a New NLRB on the Hotel Industry

As hoteliers have experienced in the past, the outcome of a Presidential election, and the consequent change in the makeup of the National Labor Relations Board (“NLRB”), can have a significant impact on business operations....more

Faegre Drinker Biddle & Reath LLP

Make No Mistake: The NLRB Revives the ‘Clear and Unmistakable Waiver’ Standard

One December 10, 2024, the National Labor Relations Board (NLRB) issued its decision in Endurance Environmental Solutions, LLC, upending its prior “contract coverage” standard for determining whether a unionized employer...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Littler

Littler Lightbulb: June Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Ervin Cohen & Jessup LLP

National Labor Relations Board Adopts Stricter Employer Workplace Rule Standard

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Under the National Labor Relations Act (NLRA), employees have “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage...more

Adams & Reese

[Webinar] 2023 NLRB Year in Review - December 19th, 12:00 pm - 1:00 pm CST

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Adams and Reese Partner Michael MacHarg will lead a one hour CLE webinar to discuss important updates from the National Labor Relations Board over the past year. Registration is free. The webinar will take place Tuesday,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Butler Snow LLP

The NLRB’s CEMEX Decision Provides Unions a Path to Becoming Employees’ Exclusive Representative Without a Guaranteed Election

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On August 25, 2023, the National Labor Relations Board (“NLRB”) reversed decades of established law with the release of its decision in Cemex Construction Materials Pacific LLC (“Cemex”), NLRB Case No. 28-CA-230115. Cemex...more

Steptoe & Johnson PLLC

In Major New Decision, NLRB Authorizes Union Recognition Without Election

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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

Bowditch & Dewey

NLRB Adopts New Standard for Evaluating Lawfulness of Work Rules

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On August 2, 2023, the National Labor Relations Board issued a decision in Stericycle Inc., which adopts a new standard for how the NLRB will evaluate workplace policies and rules when determining if they interfere with...more

Hogan Lovells

NLRB general counsel issues guidance on bargaining obligations in relation to OSHA ETS

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On November 10, the National Labor Relations Board (NLRB) Office of the General Counsel (GC), issued a memorandum with its position on unionized employers’ bargaining obligations when implementing the Occupational Safety and...more

CDF Labor Law LLP

NLRB’s Pro-Union Shift and Ripple Effect On Your Workplace Policies

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On February 17, 2021, President Biden nominated Jennifer Abruzzo as the General Counsel of the National Labor Relations Board (“NLRB” or “Board”).  On July 21, 2021, the U.S Senate confirmed the nomination.  As the board...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

CDF Labor Law LLP

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

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CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...more

Proskauer - Labor Relations Update

NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith

In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more

BakerHostetler

[Podcast] NLRB Decisions on the Chopping Block: Expected Changes from the Board that May Affect Employers

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Jeremy Hart an attorney in BakerHostetler’s Labor and Employment Group, discuss the top five NLRB decisions on the chopping block that are expected with the Biden Administration and potential consequences of the National...more

Proskauer - Labor Relations Update

Board Invites Briefing on Potentially Overturning “Johnnie’s Poultry” Standard for Questioning of Employees About Putative...

On Monday, the Board voted 3-1 to solicit public briefing on whether it should overrule the Johnnie’s Poultry Co., 146 NLRB 770 (1964) safeguards employees must receive if they are questioned by employers about their own or...more

Proskauer - Labor Relations Update

No “Finite Fellows” in the Bargaining Unit – the Board Weighs in on Temporary Workers

When it comes to fellowship—and collective bargaining—it looks like “fellows” aren’t treated the same as their permanent status co-workers. In Phoenix News Times, LLC and The Newsguild–CWA, 370 NLRB No. 84 (Feb. 10, 2021),...more

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