Recent Pandemic Decisions Embolden NLRB, OSHA Collab

The COVID-19 pandemic wreaked havoc on employers’ balancing of in-person policy with potential health risks, and recent court decisions have highlighted the National Labor Relations Board’s (NLRB) and Occupational Safety and Health Administration’s (OSHA) concerted collaborative efforts in protecting whistleblowing employees speaking out about on-the-job safety. NLRB, OSHA Doubling Down on Workplace Protections Top officials […]

How to Unionize Your Workplace

Throughout 2023, U.S. labor unions achieved gains and made headlines. This past summer, members of the Writers Guild of America and SAG-AFTRA, the Hollywood writers’ and actors’ unions, went on strike for over four months, leading to new agreements for both unions with studios and producers for increased residuals, increased compensation, and protections against exploitive […]

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 […]

How to Avoid a PR Nightmare: Lessons Learned from CloudFlare’s Viral Firing of Tech Worker

Brittany Pietsch, a former account executive at Cloudflare, recently gained viral attention by sharing a nine-minute video of her termination on TikTok. Anticipating the termination after her colleague’s dismissal half an hour earlier, Pietsch titled the video, POV: You’re about to get laid off. Enjoy the trauma! 🙂 In the video, two company representatives who […]

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. […]

Supreme Court

Supreme Court Employment Law Cases in 2024:  What to Watch for, and Why – Part 2

In this three-part series, we are exploring the major employment law cases that we are keeping an eye on for 2024. Our last article looked at two cases that have been briefed and argued before the U.S. Supreme Court. Now, we are turning our attention to major employment law cases that are awaiting oral argument […]

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 […]

What Does the NLRB’s New Rule on Joint Employer Status Mean for Employers?

On October 26, 2023, the National Labor Relations Board (the “Board”) issued its most recent standard (the “2023 Rule”) for determining when two (or more) entities are considered “joint employers” under the National Labor Relations Act.  The 2023 Rule supplants the Board’s previous joint employer rule issued in 2020 (the “2020 Rule”) and expands the […]

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 […]