NLRB
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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Refusing to Comply with an NLRB Order Can Land Employers in Handcuffs (Even If You’re Not Unionized)
October 5, 2023
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.
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The NLRB's Cemex Decision: A Game Changer for Union Organizing
October 2, 2023
In a groundbreaking decision a few weeks ago, the National Labor Relations Board ("NLRB") released its ruling in Cemex Construction Materials Pacific (Cemex), NLRB Case No. 28-CA-230115, ushering in a new era for labor relations in the United States.
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EEOC, NLRB and DOL Shutdown Contingency Plans – The 2023 Edition
September 27, 2023
Once again we are poised on the brink of another possible federal government shutdown, and employers may be wondering how it may impact them.
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The NLRB Vastly Expands the Parameters of Protected Concerted Activity
September 1, 2023
In two cases issued on August 31, 2023, the National Labor Relations Board greatly expanded the universe of employee activity protected by the National Labor Relations Act.
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NLRB Resuscitates “Quickie Election” Rules
August 29, 2023
The National Labor Relations Board (the “Board” or “NLRB”) issued a final rule on August 24, 2023 that will drastically reduce the time between when a petition is filed – typically, by a union – and an election.
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