NLRB
“Consequential Damages” Now Available In Unfair Labor Practice Cases
December 13, 2022
The National Labor Relations Board has ruled that employers can now face liability for consequential damages in unfair labor practice cases before the Board.
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The Beginning of the End of the "Election Protection Rule"
November 4, 2022
On November 3, the National Labor Relations Board (“NLRB”) issued a proposed rule that will change when elections can occur in private workplaces about whether employees should be represented by a union.
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NLRB General Counsel Proposes Sweeping Changes Impacting Employer Use of Technology to Manage and/or Monitor Employees
November 1, 2022
In sweeping new proposals, the National Labor Relations Board General Counsel, Jennifer Abruzzo, announced her intention to limit employers in their ability to rely upon commonly used electronic monitoring and management technologies to monitor employee misconduct and performance issues.
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NLRB Refines Standard For Conducting In-Person Union Elections
October 31, 2022
Recently, the National Labor Relations Board (NLRB) modified the standard it has been applying in determining whether a mail ballot election is appropriate, resulting in a significant change in union elections going forward.
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Continuation of Dues Checkoff Now Considered Status Quo by Divided NLRB
October 4, 2022
In a 3-2 ruling by the five-member National Labor Relations Board, employers must now continue to deduct union dues from workers’ paychecks even after collective bargaining agreements containing such provisions expire.
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NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?
September 30, 2022
If the proposed rule is issued as written, it would have significant implications for employers deemed to be joint employers—including, but not limited to, a requirement to bargain with a union that represents any jointly employed workers.
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NLRB Issues Notice of Proposed Rulemaking on Joint-Employer Status
September 7, 2022
On September 6, 2022, the National Labor Relations Board issued a Notice of Proposed Rulemaking as to the legal standard for determining joint-employer status under the National Labor Relations Act.
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Employers – Be Prepared for More Union Apparel in the Workplace
September 1, 2022
On Monday, August 29, 2022, the National Labor Relations Board issued its first precedent-shifting decision under the Biden administration, which will have the effect of permitting more apparel with union insignia in the workplace.
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Hotel Did Not Need to Bargain Over Puffier Pillows, says NLRB…
June 7, 2022
The National Labor Relations Board recently rejected a union’s claim that a hotel employer was obligated to bargain its decision, or the effects of its decision, to purchase and use fluffier king size pillows in its hotel rooms.
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NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful
April 18, 2022
For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum expressing that the NLRB should declare such meetings to be unlawful.
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Employers Take Note! Labor’s Resurgence Could be Real this Time
April 18, 2022
A recent surge of unionization efforts, coupled with unique economic conditions and key initiatives at the National Labor Relations Board, signal a potential resurgence of the labor movement.
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DOL and NLRB Enter Into Information Sharing Agreement
January 28, 2022
Employers facing an investigation by either the U.S. Department of Labor Wage and Hour Division (DOL) or the National Labor Relations Board (NLRB) may now find themselves being investigated by both.
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