As Expected, NLRB Proposes Return to Controversial Browning-Ferris Joint Employer Standard

Over the dissent of the agency’s two Republican members, and as expected, the Democrat majority on the National Labor Relations Board (NLRB or Board) has published a proposed rule that would scrap the Trump-era standard for determining whether two employers are acting jointly for purposes of triggering obligations and responsibilities under the National Labor Relations Act (NLRA). In its stead,...

DOL Proposes Amending Form “LM-10” To Require Employers To ID Contractor Status

The Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) has published a formal proposal that would require companies that are subject to filing mandatory disclosure reports regarding certain expenditures they incur during a labor dispute to indicate whether they are federal contractors. The Labor-Management Reporting and Disclosure Act (LMRDA) of 1959, sometimes referred to as the Landrum-Griffin Act, was...

Divided D.C. Circuit Affirms NLRB’s Offensive Speech Ruling

A divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, on the court’s second look, has upheld a decision by the National Labor Relations Board (NLRB) that found an employer violated federal labor law when it fired a worker who wrote profanity on a workplace bulletin board in protest of a new overtime policy....

D.C. Circuit Reinforces Prior “Joint Employer” Ruling in Browning-Ferris

The U.S. Court of Appeals for the District of Columbia Circuit has issued a second ruling in a long-running case that goes to the heart of who can be considered a “joint employer” under the National Labor Relations Act (NLRA). Before we proceed further, please be aware that the history of this case is complex, as is predicting the ultimate...

Third Circuit Rules “Politically-Motivated Busybody” Can Bring a Valid NLRB Charge

The U.S. Court of Appeals for the Third Circuit recently confirmed that a person who has no connection to employees who are allegedly harmed by an unfair labor practice can nevertheless bring a valid charge before the National Labor Relations Board (NLRB or Board), and that the Board has the discretion to investigate the charge. The ruling by the appeals...

Ruling by Fourth Circuit in Sinai Hospital Highlights NLRA’s Broad Worker Coverage

The U.S. Court of Appeals for the Fourth Circuit recently ruled that a group of janitorial workers were “employees” under the National Labor Relations Act (NLRA or Act) and could therefore unionize despite their participation in a government-sponsored program designed to assist individuals with disabilities facing barriers to employment. In so ruling, the appeals court agreed with the National Labor...

Court Rules Biden’s Controversial Firing of Trump NLRB General Counsel Was Legal

The U.S. Court of Appeals for the Fifth Circuit has ruled that President Biden acted within his authority on his first day in office when he fired Peter Robb, the Republican General Counsel (GC) of the National Labor Relations Board (NLRB or Board), even though Mr. Robb had 10 months remaining on his statutorily set term. A unanimous three-judge panel...

NLRB’s Top Lawyer Gives Further Insight Into Her Agenda To Overhaul U.S. Labor Law

National Labor Relations Board (NLRB or Board) General Counsel (GC) Jennifer Abruzzo recently provided additional insight with respect to her efforts to change U.S. labor law precedent to better fit her vision of a more union-friendly workplace environment. Ms. Abruzzo, a former union attorney, has made clear since the Senate confirmed her nomination by President Biden to serve as the...