NLRB
The NLRB’s Joint Employer Rule Faces Legal Challenges and Delays
The National Labor Relations Board’s (NLRB) new joint employer rule has drawn the ire of business groups and Republican lawmakers alike and is now facing legal challenges on multiple fronts. Employers should watch these challenges closely and prepare for compliance with the rule in early 2024. The Rule at a Glance The rule, which until…
Read MoreWorkplace Policy Updates Required: What Employers Need to Know About the NLRB’s Stericycle Decision
Are your employee handbooks and policies “chilling” employee conduct? This and other questions, answered Employers should take note, the NLRB’s recent Stericycle decision has broad implications for all U.S. employers with respect to workplace policies. This decision heightens employee protections under Section 7 of the NLRA. Employers should act now and review and update policies…
Read MoreThink Twice Before Closing the Shop Doors
In a recent 2-1 decision in Quickway Transportation, Inc., 372 NLRB No. 127 (2023), the National Labor Relations Board (the “Board”) reversed the Administrative Law Judge and ordered a trucking company to re-open its terminal and restore the status quo ante when it held that the company’s decision to terminate all of its recently unionized…
Read MoreRefusing to Comply with an NLRB Order Can Land Employers in Handcuffs (Even If You’re Not Unionized)
Many companies blissfully believe that they don’t have to worry about the National Labor Relations Act or its enforcing agency, the National Labor Relations Board, as long as they don’t have a union and no one is currently trying to unionize them. They’re wrong. Terribly wrong. Horribly, astoundingly, insanely wrong. And ignoring an order from…
Read MoreNew Ruling from the National Labor Relations Board May Require Significant Handbook Revisions
On August 2, the National Labor Relations Board issued a decision, Stericycle Inc. and Teamsters Local 628, that creates a new legal standard for how the NLRB will evaluate workplace rules and policies to determine if such rules interfere with employees’ protected rights to engage in concerted workplace activity under Section 7 of the National…
Read MoreNLRB General Counsel Targets Non-Compete Agreements
National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo recently issued a memorandum announcing her broad opposition to non-compete agreements. In GC Memo 23-08, Abruzzo set forth her belief that, “the proffer, maintenance, and enforcement of [non-compete] agreements violate Section 8(a)(1) of the Act.” According to Abruzzo, overbroad non-compete agreements chill employees’ abilities to exercise…
Read MoreNumerous Employment Law Developments to Be Aware Of
As the first half of the year draws to a close, we take this opportunity to provide a summary of recent developments. If you have any questions about these or other developments, please don’t hesitate to contact a member of our organization for advice. REMINDER: EXPANDED PROTECTIONS FOR PREGNANT AND NURSING EMPLOYEES On June 27,…
Read MoreNLRB Revamps Trump-Era Independent Contractor Standard
On June 13, the National Labor Relations Board (NLRB) overruled its 2019 Trump–era decision, which previously set forth an independent contractor test with “entrepreneurial opportunity” as the core factor. Instead, the Board is returning to its 2014 Obama-era independent contractor test where entrepreneurial opportunity was just one of many factors to be considered, likely broadening…
Read MoreWhat the Bleep!?: NLRB Makes it More Difficult to Discipline Employee Outbursts
On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in “abusive conduct.” This decision, Lion Elastomers LLC II, overturns the Board’s 2020 General Motors decision and requires employers to look critically at the context of abusive conduct before disciplining…
Read MoreThe NLRB Is Providing More Resources to Workers – But What Are Employers’ Rights?
Employers should be aware that the National Labor Relations Act is actively working to inform employees about their rights under that law, and not always in a neutral way. A recent initiative is a new “Know Your Rights” card series. These tri-fold cards, in English and Spanish, are available to employees to share with others…
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