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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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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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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July 07, 2023
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Category: Agency Enforcement

What Does Congress’ Debt Limit Agreement Mean for the Workforce Enforcement Agencies?

The debt limit agreement reached by Congress and signed by President Biden June 3, 2023, calls for cuts in discretionary federal spending during the next two years. The debt limit deal does not dictate where budget cuts should be made, so the final decisions will occur through the annual Congressional appropriations process. Funding for most agencies that regulate the workforce...
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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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