Tag: 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 […]

January 16, 2024

On October 26, 2023, the National Labor Relations Board (the “Board”) issued its most recent standard (the “2023 Rule”) for determining when two (or more) entities are considered “joint employers” under the National Labor Relations Act.  The 2023 Rule supplants […]

January 2, 2024

Rolling out even ordinary workplace rules can put in-house counsel in a legal minefield if the organization tries to do it while employees are unionizing, labor specialists say. The National Labor Relations Board earlier this year changed how it evaluates […]

October 26, 2023

The National Labor Relations Board (NLRB) released a final rule Oct. 26 to provide a broadened standard for when two employers that conduct business together are considered to be joint employers and thus liable for one another’s unfair labor practices. […]

August 3, 2023

The National Labor Relations Board on Wednesday reversed its Trump-era stance that allowed employers to maintain certain handbook policies, such as those mandating a respectful workplace (Stericycle, Inc. and Teamsters Local 628). The shift means all policies that restrict employee […]

April 25, 2023

The National Labor Relations Board (NLRB) Office of the General Counsel publicly issued on February 27, 2023 an Advice Memorandum confirming the agency’s view that workplace discussions about racism are protected concerted activity under Section 7 of the National Labor […]

March 21, 2023

The National Labor Relations Board (NLRB) recently confirmed that employers cannot discipline or fire workers for publicly raising concerns about racism in the workplace. In a Feb. 27 memo, the board concluded that a medical school professor’s discussions of racism […]

February 28, 2023

The National Labor Relations Board (NLRB), which enforces employees’ workplace rights, is seeing a trend of workers advocating for racial justice and safety, Jennifer Abruzzo, the NLRB general counsel, told attendees at SHRM’s Employment Law & Compliance Conference in Washington, […]

February 1, 2023

The case of a Canadian company that recovered damages in court from a former employee accused of “time theft” raises the question of whether U.S. employers can similarly use electronic monitoring to persuade courts to award them damages. Several legal […]

January 4, 2023

Under a new National Labor Relations Board (NLRB) rule, employers must compensate workers to make up for the direct consequences of unfair labor practices. This ruling could be expensive for employers, adding consequential damages to the board’s usual make-whole remedies. […]

January 3, 2023

The National Labor Relations Board recently ruled that off-duty contractors can participate in union activities at the workplace. The board’s Dec. 16 decision overturns a overturns a 2019 decision and reestablishes a 2011 standard. It concludes that a property owner […]

September 7, 2022

A plan from the National Labor Relations Board (NLRB) to make more employers susceptible to joint employer status is expected to make a major change to the landscape for employers that use staffing companies or operate under the franchise business […]

August 29, 2022

Union swag at Tesla is in. The National Labor Relations Board (NLRB) said that Tesla’s current dress code policy was unlawful. Specifically, the part where it only allowed employees to wear Tesla or other pre-approved black tee shirts. That policy […]

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 […]

May 9, 2022

After increasing benefits and perks to include pet insurance and student loan assistance during the Great Resignation, now companies are offering something they never expected to. Last week, a leaked Supreme Court draft ruling indicated that Roe v. Wade may […]

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). […]

January 10, 2022

The National Labor Relations Board (NLRB) announced on Jan. 6 that it may replace a standard that made it easier to defend workplace policies. We’ve gathered articles on the news from SHRM Online and other outlets. Standard Under Consideration 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 […]

July 8, 2021

The National Labor Relations Board (NLRB) recently affirmed it will continue to follow and enforce the long-established “contract-bar doctrine,” which provides unions with protection from ouster during most of a collective bargaining agreement’s (CBA) effective period. How Contract-Bar Doctrine Works […]

June 3, 2021

President Joe Biden’s nominee for a seat on the National Labor Relations Board (NLRB) may find herself in a position similar to the experience of a Republican Board member in 2017. Gwynne A. Wilcox, who represents union and workers’ rights […]