Update: NLRB Final Rule Governing Employee-Status of Student Workers May...
As we previously reported, the NLRB published a Notice of Proposed Rulemaking (NPRM) in September 2019 regarding the employee-status of student workers at private colleges and universities. Under the...
View ArticleNational Labor Relations Board Announces Another Proposed Rule Regarding...
On Tuesday, July 28, 2020 the National Labor Relations Board (NLRB or “the Board”) published a Notice of Proposed Rulemaking in the National Federal Register. With its latest foray into rulemaking, the...
View ArticleSenate Confirms Pair of Appointees to National Labor Relations Board
In a package deal, the U.S. Senate confirmed the appointments of two members to the National Labor Relations Board (“Board” or “NLRB”). Lauren McFerran, who previously served as a member of the NLRB...
View ArticleNLRB Issues Several Advice Memoranda Providing Guidance on COVID-Related and...
On September 15, 2020, the National Labor Relations Board (the “NLRB” or “Board”) Division of Advice (“Advice”), published four Advice Memoranda addressing an array of issues ranging from...
View ArticleSignificant Workplace Changes in Store under the Biden Administration
From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative...
View ArticleRecent Labor Victories for Adjunct Professors Signal Likely Uptick in...
Recently, adjunct professors at Elon University and Ithaca College won victories before the NLRB and an American Arbitration Association arbitrator, respectively, that further bolster the position that...
View ArticleBoard Invites Briefing on Potentially Overturning “Johnnie’s Poultry”...
On Monday, the Board voted 3-1 to solicit public briefing on whether it should overrule the Johnnie’s Poultry Co., 146 NLRB 770 (1964) safeguards employees must receive if they are questioned by...
View ArticleBREAKING: NLRB Withdraws Proposed Rule Concerning Employee-Status of Student...
After publishing the Notice of Proposed Rulemaking over a year ago, followed by tens of thousands of public comments and many months of anticipating the final rule, the NLRB announced today that it...
View ArticleNLRB Suffers Significant Turnover in Agency Staffing
In a report released on March 29, 2021, the Governmental Accountability Office (“GAO”) announced that between fiscal years 2010 and 2019, the National Labor Relations Board (“NLRB”) experienced a 26%...
View ArticleNLRB General Counsel Promises “Vigorous” Enforcement of Employees’ Rights to...
On March 31, 2021, the NLRB’s Acting General Counsel Peter Ohr issued a Memorandum entitled “Effectuation of the National Labor Relations Act through Vigorous Enforcement of Mutual Aid or Protection...
View ArticleNLRB Upholds Contract-Bar Doctrine in Current Form
On April 21, 2021, the National Labor Relations Board (the “Board”) declined to eliminate or modify its long-standing contract-bar doctrine, which purports to provide stability in the relationship...
View ArticleBiden Administration Announces White House Task Force on Worker Organizing...
On Monday, April 26, 2021, the White House released a press briefing detailing the establishment of a new White House Task Force on Worker Organizing and Empowerment (the “Task Force”). The Task Force,...
View ArticleNLRB Declines to Address Validity of Acting GC’s Appointment, Instead...
On April 30, 2021, in National Association of Broadcast Employees & Technicians, 370 NLRB No. 114 (2021), the Board declined to opine on the validity of President Biden’s termination of former...
View ArticleNinth Circuit Overturns Board Decision Finding Unlawful Secondary Picketing,...
Last week, the United States Court of Appeals for the Ninth Circuit overturned a decision by the NLRB dismissing a complaint against two joint employers alleging unlawful termination in retaliation for...
View ArticleDistrict Court Approves of President Biden’s Firing of Former NLRB General...
As we reported here and here, there are several challenges to the authority of the Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, given President Biden’s unprecedented...
View ArticleBREAKING: Jennifer Abruzzo is Sworn In as General Counsel of the NLRB
After being nominated by President Biden on February 17, 2021, Jennifer Abruzzo was sworn in as General Counsel of the NLRB yesterday by Chairman Lauren McFerran. Abruzzo will serve a four-year term as...
View ArticleScabby the Rat Has Been Legitimized by the NLRB
A split Board concluded this week that a union did not engage in unlawful secondary activity under the NLRA when it stationed a 12-foot-tall inflatable rat—known all too well by employers as “Scabby...
View ArticleThe NLRB’s Recently Seated General Counsel Plots Entirely New Direction for...
Less than a month after being sworn in as the new General Counsel of the NLRB, Jennifer Abruzzo defined a bold new direction for the Board’s enforcement priorities in a memo issued on August 12, 2021....
View ArticleSecond Circuit Adopts “Contract Coverage” Standard as Governing Standard for...
The NLRB’s “contract coverage” standard for determining whether a collective bargaining agreement privileges an employer to unilaterally change terms and conditions of employment received support last...
View ArticleNew NLRB General Counsel Signals Greater Utilization of 10(j) Injunctions
The recently-sworn in General Counsel of the National Labor Relations Board, Jennifer Abruzzo, has had a busy month, setting the stage for a slate of new enforcement initiatives. First, the GC issued...
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