By Phyllis Karasov and Silas Petersen
On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule redefining “joint employers” under the National Labor Relations Act (NLRA). Approved three-to-one along partisan lines, the new rule mirrors the Board’s proposed rule that was published in September 2022. The new rule expands the definition
The National Labor Relations Board (NLRB) made two announcements recently that should be of concern to all employers with employees not represented by a union. The first announcement was made by the NLRB General Counsel, Jennifer Abruzzo, who announced that she will seek to overturn an employer’s ability to enforce mandatory employee meetings during an
Several months ago, we settled an unfair labor practice charge filed by an employee against our client alleging retaliation for the employee’s protected concerted activity. The employee had enlisted the support of other employees in challenging certain pay practices, and it was alleged that the charging party was terminated because of those efforts, rather than
In 2015 the National Labor Relations Board (NLRB) declined to exercise jurisdiction over a petition filed by a union seeking to represent Northwestern University’s scholarship football players. The NLRB was unwilling to make an affirmative decision as to whether the Northwestern University scholarship football players were “employees” within the meaning of the National Labor Relations
You probably think that your employees are limited to the people listed on your payroll. But under the joint-employer standard, one business’s employees can be imputed as another business’s employees for the purpose of employment laws and regulations. Earlier this week, the National Labor Relations Board (“NLRB”) announced its final rule for determining joint-employer status
In December 2018, President Trump made his third appointment to the NLRB, giving the Republicans a majority on the five-person Board. 2019 has seen a number of Board decisions in which the Board reversed or narrowed its decisions made by a Board which was controlled by Democratic appointees.
Union Election Rules
In 2014, the NLRB
Whether a business’s employees are represented by a union or not, all employers should be concerned about the pending Protecting the Right to Organize Act (“PRO Act”) being considered by Congress. If enacted, the PRO Act will alter fundamental principles of labor law and significantly prejudice the rights of employers. Supporters of the PRO Act
Employers have long disliked labor unions’ use of inflatable rats, large balloon cats, mock funerals and other types of dramatic protests mounted when a labor union wants to exert pressure on a company to cease doing business with the employer with whom the union has a dispute. The National Labor Relations Act (NLRA) expressly prohibits
As discussed in a prior post , the National Labor Relation Board (NLRB) continues to target certain employee work rules and policies, including employee handbook provisions, as running afoul of the National Labor Relations Act (NLRA). Although the current NLRB has reversed several previous NLRB decisions regarding handbook policies, the line between permissible policies and
Employee work rules and policies continue to be controversial at the National Labor Relations Board (NLRB). Under President Obama, the NLRB determined that many common employer policies and work rules violated the National Labor Relations Act (NLRA) because they interfered with and chilled employee rights to engage in protected concerted activity. The NLRB found these