Chamber of Commerce v. NLRB and the Reimplementation of the 2020 Joint-Employer Rule
March 29, 2024
On March 8, 2024, in Chamber of Commerce of the United States of America v. National Labor Relations Board, U.S. District Judge J. Campbell Barker of the Eastern District of Texas struck down the National Labor Relations Board’s 2023 rule determining the standard for joint-employer status and the NLRB’s rescission of the 2020 joint-employer rule.
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Federal Court Tosses NLRB’s Expanded Joint Employer Rule
March 11, 2024
A federal district court judge in Texas vacated (or blocked) the National Labor Relations Board’s 2023 Final Rule that sought to rescind and replace the Trump Administration’s 2020 Rule establishing the current test for determining whether two entities are joint employers.
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Display of BLM Insignia = Protected Concerted Activity
February 23, 2024
Regardless of an employer’s union or non-union status, Section 7 of the National Labor Relations Act protects employees’ rights to engage in concerted (i.e. group) activity for their mutual aid or protection, while Section 8 makes it unlawful for an employer to interfere with those rights.
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Is the NLRB Overstepping? Proposed Remedy Would Give Unions Hiring Control
February 16, 2024
Jennifer Abruzzo's proposed remedy would, in some cases, allow a union to decide who must be hired by the employer.
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March Madness in February? Unionization Heats Up College Sports Landscape
February 9, 2024
On February 5, 2024, Laura Sacks, Regional Director for Region 1 of the National Labor Relations Board, ruled that players on Dartmouth’s men’s basketball team are “employees” within the meaning of the National Labor Relations Act.
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NLRB Restricting Provisions in Severance Agreements: McLaren Macomb
January 25, 2024
In the 2023 case of McLaren Macomb, a hospital found itself under scrutiny by the National Labor Relations Board for confidentiality and non-disparagement terms that many would consider standard in severance agreements.
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New NLRB Representation Election Rules and Procedures
December 15, 2023
The 2023 Election Rule will take effect on December 26, 2023.
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Understanding the New Joint Employer Rule
November 10, 2023
Effective December 26, 2023, the new rule marks a notable departure from the NLRB's 2020 joint-employer standard.
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NLRB General Counsel Issues Guidance Regarding Board Decision Impacting Employer Responses to Demands for Voluntary Recognition
November 6, 2023
On November 2, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo provided guidance to inquiries received by the NLRB in the wake of the Board’s decision in Cemex Construction Materials Pacific, LLC.
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Two Employers Are Better Than One: NLRB Spreads the Joy of Joint Employment
October 31, 2023
The National Labor Relations Board has made it easier for multiple companies to qualify as joint employers that share liability for labor law violations and legal obligations to negotiate with unions under a new rule issued last Thursday.
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NLRB Returns to a More Expansive Joint Employer Standard
October 26, 2023
On October 26, the National Labor Relations Board issued a final rule that rescinds and replaces the Trump Administration’s 2020 rule establishing the current test for determining whether two entities are joint employers.
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NLRB Decisions Convey Pro-Union Positions on Several Important Issues
October 18, 2023
When President Biden took office in 2021, employers anticipated sweeping changes in labor laws that would benefit unions and employees.
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