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Not unexpectedly, AI is increasingly affecting the collective bargaining relationship, and the following case discussion will address both legal and practical aspects of the AI impact on bargaining....more
Unions sometimes use a strategy called “salting” to organize employees. It occurs when a union sends a union member (a “salt”) to an unorganized job site to obtain employment and then organize the employees. Because job...more
The National Labor Relations Board (“NLRB”) is sharpening its focus on “salting”—the practice of union organizers seeking employment with non-union employers to facilitate organizing campaigns. On July 24, 2025, the NLRB’s...more
Legislation is moving through Congress that, if enacted, would establish a new joint employer standard and end some of the uncertainty businesses have faced the past several years whenever a new party won the White House. ...more
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
After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant...more
In the latest (of many) U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders, the Fifth Circuit has tackled employer actions during organizing campaigns. In Apple Inc. v. NLRB, No....more
In this episode of What’s the Tea in L&E, Labor & Employment attorney Patrick Bolling joins host Leah Stiegler for a deep dive into the role of the National Labor Relations Board (NLRB). The NLRB is a federal agency that...more
Under the Biden administration, the National Labor Relations Board was aggressive in implementing employee- and union-friendly decisions and interpretations of the National Labor Relation Act. Within a week of being sworn in,...more
As part of the Trump Administration’s significant efforts to roll back the Biden Administration’s policies, the Acting General Counsel of the National Labor Relations Board (the “NLRB”) recently rescinded, via Memorandum GC...more
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
The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week....more
In mid-November, the National Labor Relations Board (NLRB) overturned 75 years of precedent and found that captive-audience meetings violate the National Labor Relations Act (NLRA) in its Amazon.com Services LLC decision....more
A change in presidential administrations generally results in a wide array of new developments for federal agencies. That is particularly true for the National Labor Relations Board, which has broad jurisdiction over union...more
Last month, during our webinar, we predicted significant regulatory shifts under the new presidential administration. Now, just a little over 30 days in, we are witnessing these changes unfold – especially at the National...more
With one stroke of his pen, the National Labor Relations Board’s (NLRB) new Acting General Counsel, William Cowen, has effectively dismantled more than two dozen key Biden-era initiatives that favored employees and unions. ...more
The National Labor Relations Board’s Acting General Counsel has moved quickly to undo the work of his predecessor, a Biden appointee, who President Trump recently removed from office. On February 14, 2025, Acting General...more
The Trump administration just made a significant move in reshaping federal labor law by beginning the process of undoing the labor policies put in place under the Biden administration. On February 14, 2025, National Labor...more
On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (NLRB) issued Memorandum GC 25-05, rescinding certain memoranda issued by the former General Counsel. Former General Counsel Jennifer A....more
Signaling a strong shift away from the policy positions of the former administration, Acting National Labor Relations Board (“NLRB”) General Counsel William Cowen issued a GC Memorandum on February 14, 2025, rescinding 31 GC...more
On February 14, 2025, National Labor Relations Board Acting General Counsel William Cowen issued Memorandum 25-05, rescinding more than a dozen policy memos issued by his predecessor. Cowen cited an unsustainable backlog of...more
President Donald Trump has continued his shake-up of NLRB leadership by firing Acting General Counsel (GC) Jessica Rutter and replacing her with William Cowen. Mr. Cowen will serve as Acting GC until President Trump names an...more
Since his inauguration, President Donald Trump has been making changes to the National Labor Relations Board (NLRB) almost every day....more
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
In 2024, labor law continued to generally favor employees under the Biden National Labor Relations Board (the Board). Notable developments included establishment of an employee right to wear clothes espousing political speech...more