Tag: National Labor Relations Board (NLRB)

Complex laws around healthcare employees get more complicated

Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a notice of proposed rulemaking by the Federal Trade Commission (FTC) in late 2023, sweeping memoranda from the National Labor Relations Board (NLRB), and final rules from the NLRB on joint employment. All of this is […]

With Joint Employer Rule Blocked, Look for Trouble Ahead on New Contractor Rule

Employers worried about the effect of a new joint employer rule are breathing a sigh of relief after a court blocked its implementation, and now employers using independent contractors may also be feeling better. A new rule from the National Labor Relations Board (NLRB) would have made it harder for employers to avoid joint employment […]

Cruisin’ for a Brew-sin’: SCOTUS to Resolve Circuit Split Over Unionization at Starbucks

The boiling dispute over the unionization of baristas is heading to the U.S. Supreme Court (SCOTUS). Section 10(j) of the National Labor Relations Act (NLRA) authorizes federal courts to issue preliminary court orders against employers that are allegedly violating federal labor law. This allows the National Labor Relations Board (NLRB) to seek such extraordinary relief […]

New NLRB Election Procedures in Effect for Union Elections

In August 2023, the National Labor Relations Board (the “NLRB” or the “Board”) significantly changed its procedures when employees are seeking representation by a union. First, the Board enacted its “Representation-Case Procedures” rule or “2023 Election Rule,” which, among other changes, expedites the timing of an election after a petition for election has been filed. […]

NLRB’s New Joint-Employer Rule Takes Effect on Feb. 26th…What You Need To Know

The National Labor Relations Board (NLRB) adopted a new standard for evaluating joint employers that takes effect February 26, 2024. The rule greatly expands when two or more entities may be considered joint entities. As a result, certain employers will now be mandated to participate in collective bargaining and can be found liable for unfair […]

Rule vs. NRLB: Telsa Dress Code Hums Along at E-Car Plant

The U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) recently gave a green light to a dress code rule at a Telsa facility manufacturing electric cars. Read on. Dress for Success The Telsa facility gave each production employee what it called Team Wear: four black shirts and a black sweater, each […]

Time to Review Policies? The Impact of the NLRB’s Latest Pro-Employee Moves

The National Labor Relations Board (NLRB) has made a series of pro-employee moves over the past few months that have significant adverse implications for employers. To recap, the NRLB’s recent actions have included: A Closer Look at the Recent NRLB Actions In February 2023, the NLRB ruled that the National Labor Relations Act (NLRA) prohibits […]

NLRB Delays Effective Date of Joint-Employer Standard

Recently, the National Labor Relations Board (NLRB) issued its final rule on the joint-employer standard under the National Labor Relations Act (NLRA). This new rule, originally set to go into effect December 26, 2023, is essentially a rollback of the NLRB’s 2020 joint-employer rule issued during the Trump administration. On November 16, 2023, however, the […]

NLRB’s Latest Rule Means Big Changes Ahead on Joint Employment Front

The National Labor Relations Board’s (NLRB) new rule on joint employment puts more employers at risk of joint employer status, meaning they will bear more responsibility related to unionization, bargaining, and unfair labor practice charges. The Board’s new rule, issued October 26, replaces a rule issued in 2020 by the Trump administration’s Board. That rule […]

Time for Handbook Review! NLRB Adopts New Standard for Workplace Rules

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard for evaluating the legality of workplace rules under the National Labor Relations Act (NLRA). Employers in both unionized and nonunionized settings should review their employee handbooks and policies to ensure compliance with the new standard. Review of the Old Standard As […]