NLRB

The National Labor Relations Board (“NLRB”)  has issued a Notice of Proposed Rulemaking (“NPRM”) inviting public comment on a proposed rule that would rescind and replace an April 2020 rule which currently governs: 1) the filing and processing of petitions for a Board-conducted representation election while unfair labor practice charges are pending; and 2) the

Yesterday, the NLRB published a proposed rule designed to rescind and replace the Trump-era rule used to determine whether two companies are joint employers under the NLRA. Under the rule adopted during the Trump Administration, an employer can be a joint employer with another entity if it has substantial direct and immediate control over the

The Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) recently announced a Memorandum of Understanding (MOU) resolving to enhance the enforcement of federal laws and regulations administered by these agencies, and to promote interagency collaboration through information sharing, cross-agency training, and coordinated outreach.  The stated goal is to “better root out practices

Earlier this week, in an ongoing case between Cemex Construction Materials Pacific, LLC and International Brotherhood of Teamsters, NLRB General Counsel Jennifer Abruzzo filed a brief calling for the Board to reinstate the 1949 Joy Silk Mills decision – which has not been enforced since the late 1960s.  Under Joy Silk, employers may be

On April 7, 2022, in a move that could dramatically alter long-established employer tactics in union organizing campaigns, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum announcing that she will ask the Board to find what are commonly known as “captive audience” meetings to constitute an unfair labor practice (ULP) under

On February 7, 2022, the Task Force on Worker Organizing and Empowerment publicly released its report to President Joe Biden, offering nearly 70 recommendations to promote pro-union policies and practices in the public and private sectors. The Task Force, chaired by Vice President Kamala Harris, embodies President Biden’s vow to be the “most pro-union President”

On February 1, 2022 National Labor Relations Board General Counsel Jennifer Abruzzo announced an initiative to seek injunctions under Section 10(j) of the National Labor Relations Act in cases “where workers have been subject to threats or other coercive conduct during an organizing campaign.”  According to her memo, Abruzzo opines that, “because threats or

The U.S. Department of Labor, Wage and Hour Division (DOL-WHD) and National Labor Relations Board (NLRB) announced plans to collaborate “to enhance and maximize the enforcement of the federal laws administered between the two agencies.”  The DOL-WHD enforces the minimum wage and overtime requirements while the NLRB enforces the National Labor Relations Act (NLRA).

Under

On November 10, 2021, the National Labor Relations Board (NLRB or Board) issued a Memorandum outlining employers’ duty to bargain with unions over the implementation of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS).

The Memo provides that employers have bargaining obligations regarding aspects of the ETS that affect terms and conditions

In a statement that portends additional scrutiny of the “working conditions” of college and university athletes, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has publicly stated her view that scholarship athletes at academic institutions are employees who have the right to organize and to be protected from discrimination and retaliation when they act