Tag: National Labor Relations Board (NLRB)

February 28, 2024

In August 2023, the National Labor Relations Board (the “NLRB” or the “Board”) significantly changed its procedures when employees are seeking representation by a union. First, the Board enacted its “Representation-Case Procedures” rule or “2023 Election Rule,” which, among other […]

September 5, 2023

The National Labor Relations Board (NLRB) continues to move the needle on its interpretation of the National Labor Relations Act (NLRA) in favor of unions. For example, in Memorandum GC 23-02 entitled “Electronic Monitoring and Algorithmic Management of Employees Interfering […]

June 30, 2023

In its recently decided 2-1 decision, the National Labor Relations Board (NLRB) discussed additional remedies it may now consider in cases involving employers that have engaged in what the Board considers repeated or obvious disregard for employees’ rights under the […]

December 1, 2022

As everyone knows, the sequel is almost always messier than the original. Guidance from the Equal Employment Opportunity Commission (EEOC) is no exception. On July 12, the EEOC updated its COVID-19 guidance, taking already complicated guidance that had no clear […]

October 20, 2022

On September 8, 2022, federal Congressional legislators from Massachusetts and California reintroduced the Nationwide Right to Unionize Act, which takes aim at state “right to work” laws and attempts to increase employees’ right to unionize. Section 14(b) of the National […]

October 13, 2022

On August 29, 2022, the National Labor Relations Board (NLRB) issued a major decision that reversed a standard it set in 2019. Previously, employers enjoyed substantial discretion to limit alterations to work uniforms or other designated clothing in the workplace. […]

August 9, 2022

National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo is taking aggressive positions designed to help unions be more successful in organizing. The GC is the agency’s top lawyer. While she can’t unilaterally change the law, she can argue […]

June 30, 2022

President Joe Biden has made clear he intends to be “the most pro-union president you’ve ever seen.” The National Labor Relations Board’s (NLRB) recent initiatives under the direction of General Counsel (GC) Jennifer Abruzzo are definitely in line with the […]

June 13, 2022

Retaliation continues to be at the top of the federal government’s priority list. In March 2022, the U.S. Department of Labor (DOL) issued a new field assistance bulletin titled Protecting Workers from Retaliation, which addresses worker protections from retaliation under […]

May 24, 2022

Against the backdrop of a new presidential administration, an evolving workforce, and a changing economy brought about by the COVID-19 pandemic, the landscape for union organizing has radically changed over the past two years. While the nation’s attention is currently […]

April 29, 2022

A new memo from the National Labor Relations Board (NLRB) general counsel (GC) represents a continuation of efforts to promote unionization, according to attorneys who help guide employers through union campaigns. NLRB GC Jennifer Abruzzo on April 27 announced an […]

April 22, 2022

For some people, loyalty to a particular coffee brand rivals their devotion to a favorite college football team. Kathleen, my spouse, would crawl three miles over broken glass for her Starbucks Americano decaf. I favor QuikTrip and McDonald’s coffee. Within […]

March 1, 2022

Whenever the White House switches from one party to the other, there are risks because new appointments to the National Labor Relations Board (NLRB) mean changes will occur in how it interprets and enforces the National Labor Relations Act (Act). […]

December 13, 2021

An announcement from three federal agencies that they are aligning to protect employees who try to exercise their rights in the workplace means employers need to be especially on guard against actions that may be seen as unlawful retaliation. The […]

December 6, 2021

It should come as no surprise that President Joe Biden’s appointment of Jennifer Abruzzo as General Counsel (GC) of the National Labor Relations Board (NLRB) would effectively shift the NLRB to a pro-union majority. Ever since the new Board took […]

February 27, 2020

The National Labor Relations Board (NLRB) recently announced new rules for representation case procedures that will come as welcome news to employers. Many of the changes revise the 2014 Obama-era Board’s so-called “quickie” election rules, which imposed tight procedural deadlines […]