November 28, 2023
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Category: Congress

NLRB Delays Joint Employer Rule Effective Date in Response to Legal Challenges

The National Labor Relations Board (NLRB) has postponed the effective date of its controversial new joint employer rule until February 26, 2024, two months later than the originally announced effective date of December 26, 2023. The Board said it is delaying the rule’s implementation “to facilitate resolution of legal challenges.” Two lawsuits have been filed to challenge the rule—one by...
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November 15, 2023
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Category: Agency Enforcement

Latest Annual NLRB Enforcement Numbers Show Another Sharp Increase in ULP Charges Filed

The number of unfair labor practice (ULP) charges filed with the National Labor Relations Board (NLRB or Board) by workers and their union representatives has increased by 30% over the last two years, according to NLRB enforcement data. The 19,869 ULP charges filed in FY 2023 are the highest number of charges filed since FY 2016. The NLRB’s annual enforcement...
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November 06, 2023
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Category: Labor Relations

NLRB, Brushing Off Employer Objections, Issues Expanded Joint Employer Rule

The Biden-appointed Democratic majority on the National Labor Relations Board (NLRB or Board) has issued a final rule redefining the standard for determining when two employers are considered a joint employer under the National Labor Relations Act (NLRA). The new rule will make it much easier for a business to be found to be a joint employer of another company’s employees and...
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September 27, 2023
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Category: Biden Administration

Biden-Era NLRB Continues To Give Federal Labor Law a Pro-Union Tilt

The Biden-appointed Democratic majority on the National Labor Relations Board (NLRB or Board) is continuing to give a pro-union tilt to federal labor law by reversing the Trump-era Board’s management-friendly rulings. With the Senate confirmation of Biden appointee Gwynne A. Wilcox to a second five-year term on September 6, 2023, the NLRB will have a union-friendly majority at least through...
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September 13, 2023
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Category: Labor Relations

NLRB Issues Rule To Speed Up Union Representation Election Process

The Biden-appointed majority on the National Labor Relations Board (NLRB or Board) has issued a final rule intended to speed up union representation elections. The rule removes several time-consuming steps put in place by the Trump-era Board and is expected to benefit unions seeking representation by giving employers less time to dissuade workers from forming or joining a union. The new...
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September 12, 2023
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Category: Agency Enforcement

OSHA Issues Proposal To Reinstate Controversial “Union Walkaround Policy”

The U.S. Labor Department’s Occupational Safety and Health Administration (OSHA) has proposed revising its regulations to expressly permit employees to designate third parties, such as labor union officials, to accompany OSHA compliance officers on walkaround inspections of an employer’s workplace. The proposal essentially seeks to reinstate an Obama Administration policy that was ruled unlawful because it was not adopted through...
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August 10, 2023
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Category: Labor Relations

NLRB Scuttles “Boeing” Standard, Adopts Test More Likely To Find Work Rules Violate the NLRA

The National Labor Relations Board (NLRB or Board) has crafted a new standard that will make it more difficult for an employer to apply an otherwise neutral workplace conduct rule without violating federal labor law. Stericycle Inc., 372 NLRB No. 113 (August 2, 2023), adopted a “reasonable tendency to chill” test, under which a challenged workplace rule or policy is...
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August 02, 2023
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Category: Government Contracts

DOL Revises Disclosure Form “LM-10” To Require Employers To ID Federal Contractor Status

An employer that is required to disclose its payments to anti-union consultants to the Labor Department’s Office of Labor-Management Standards (OLMS) will now have to indicate whether it is a federal contractor. OLMS said the revisions to Form LM-10 were necessary because of increased public interest in anti-union “persuader” activities. The revisions are also consistent with the Biden Administration’s efforts...
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July 17, 2023
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Category: Labor Relations

NLRB Overrules Trump-Era Independent Contractor Test, Boosting a Likely Finding of Employee Status

The Biden-era National Labor Relations Board (NLRB or Board) has issued a ruling that will make it far more likely that a worker will be considered an employee for purposes of the National Labor Relations Act (NLRA or Act). In Atlanta Opera, 372 NLRB No. 95 (2023), the Board’s Democratic majority overruled a Trump-era Board precedent that provided practical guidance...
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June 13, 2023
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Category: Agency Enforcement

NLRB GC Abruzzo Tells Field Staff That Non-Compete Agreements Likely Violate the NLRA

The National Labor Relations Board’s (NLRB) General Counsel Jennifer Abruzzo has issued a memorandum to the NLRB’s field staff expressing her view that non-compete agreements (NCAs) violate the National Labor Relations Act (NLRA) and asking them to find a case for her office to prosecute. Memorandum GC 23-08 follows a ruling earlier this year (McLaren Macomb) in which the NLRB’s Democratic majority...
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