NLRB

Memo
23-018
Tuesday, January 24, 2023

But for a handful of new initiatives, the biggest change in the Biden Administration’s latest semi-annual regulatory agenda from its predecessor is a push back in estimated completion dates for items previously listed.


Memo
23-001
Tuesday, January 3, 2023

In what has become a predictable scenario whenever there is a change in presidential administrations, the National Labor Relations Board is actively reversing decisions made by the NLRB during the previous administration. In the present case, the tre


Memo
22-233
Wednesday, December 14, 2022

Our written comments to the National Labor Relations Board argue that its proposal to abandon the balanced test for determining joint employment liability established by the Board in 2020 will unfairly skew the law to favor joint employer findings.


Memo
22-228
Wednesday, December 7, 2022

With the results of the 2022 mid-term elections now in, CWC has dusted off its crystal ball to take a look at what the changed political dynamic might mean for employment policy issues.


Memo
22-222
Monday, November 28, 2022

The Biden-appointed majority on the National Labor Relations Board, along with the agency’s pro-union General Counsel, are doing their best to shift national labor policy to favor organized labor.


Memo
22-221
Tuesday, November 22, 2022

Enforcement data for FY 2022 released recently by the National Labor Relations Board show a significant increase in the number of complaints by workers filed with the agency as compared to the previous year, reversing a five-year downward trend.


Memo
22-187
Tuesday, October 4, 2022

As has become the norm, Congress failed to reach agreement on final government spending levels for Fiscal Year 2023, which began on October 1, instead opting to temporarily fund government operations at FY 2022 levels through December 16. As a result


Memo
22-177
Monday, September 19, 2022

This recent ruling by the National Labor Relations Board reiterates a long-standing Supreme Court precedent that requires an employer to show “special circumstances” when justifying a policy that bans an employee from wearing a union insignia on the


Memo
22-174
Wednesday, September 14, 2022

MEMBER FEEDBACK REQUESTED. The National Labor Relations Board, now operating with a Democrat majority, has (as anticipated) published a proposed rule that would increase the likelihood of a finding that two employers are considered to be a “joint emp


Memo
22-163
Tuesday, September 6, 2022

A case that raises the important issue of reconciling the potential conflict between an employer’s EEO obligations and an employee’s labor law rights comes down on the side of labor law rights, at least in this instance, according to a split three-ju


Memo
22-149
Tuesday, August 9, 2022

The influential federal appeals court has issued a second ruling in a case that goes to the heart of determining whether a company is a “joint employer” under the National Labor Relations Act. It’s complicated though, as our memo attempts to explain.


Memo
22-144
Tuesday, August 2, 2022

The National Labor Relations Board has signed “Memoranda of Understanding” with both the Federal Trade Commission and the Department of Justice to coordinate enforcement of alleged employment practices that stifle competition.


Memo
22-112
Monday, June 13, 2022

A recent ruling by the Third Circuit Court of Appeals serves as a useful reminder that the National Labor Relations Board has the power to prosecute a case based on an allegation made by a third party who has no connection to the employer’s employees


Memo
22-098
Monday, May 23, 2022

This recent appeals court ruling illustrates both the expansive reach of the National Labor Relations Act as well as the considerable discretion given to the National Labor Relations Board to interpret the NLRA’s coverage.


Memo
22-090
Tuesday, May 10, 2022

Last year the EEOC entered into a pact along with the Labor Department and NLRB to aggressively go after allegations of unlawful retaliation. A recent court ruling suggests that the EEOC is taking this charge seriously.


Memo
22-084
Monday, May 2, 2022

On his first day in office, President Biden instructed all federal agencies to come up with a plan for overcoming barriers that underserved communities face in accessing the benefits and opportunities that might be available through that agency. Some


Memo
22-085
Monday, May 2, 2022

The Fifth Circuit Court of Appeals has ruled that President Biden’s termination of Peter Robb, the Trump appointee serving as General Counsel of the National Labor Relations Board, was within the President’s authority even though Robb had 10 months r


Memo
22-080
Wednesday, April 27, 2022

Jennifer Abruzzo, a former union lawyer who now serves as the General Counsel of the National Labor Relations Board, is determined to reverse some of what she believes are pro-management labor law policies that were adopted by the Trump-era NLRB.


Memo
22-062
Wednesday, March 30, 2022

As expected, the proposed budget that the President has submitted to Congress to fund the government for the upcoming fiscal year beginning on October 1 asks for big funding increases for OFCCP and the EEOC, among other workplace enforcement agencies


Memo
22-050
Wednesday, March 16, 2022

The three agencies involved in the inter-agency anti-retaliation initiative announced by the Biden Administration last November recently held a second webinar to promote their efforts, once again stressing that the focus of the initiative is on prote


Memo
22-047
Wednesday, March 9, 2022

CWC has filed a friend-of-the-court brief with the National Labor Relations Board arguing that the Board’s so-called “Boeing” standard that is used to balance employer and employee rights when determining whether an employer policy violates federal l


Memo
22-007
Wednesday, January 12, 2022

The Biden-appointed majority on the National Labor Relations Board is asking for input on whether it should revisit two major rulings issued by the Trump-era NLRB dealing with employer work rules and independent contractor


Memo
23-004
Wednesday, January 5, 2022

The final FY 2023 government spending deal reached by Congress shortly before it adjourned contains budget increases for several workplace enforcement agencies, with the National Labor Relations Board and the Equal Employment Opportunity Commission c


Memo
21-248
Tuesday, December 21, 2021

As President Biden’s first year in office draws to a close, we take a look at how many of his key appointments to run the agencies that regulate the workplace have been confirmed by the U.S. Senate, as well as a number of nominations that still await


Memo
21-245
Thursday, December 16, 2021

The Biden Administration’s latest semi-annual regulatory agenda contains a number of new items that will be of interest to CWC members, including new initiatives from OFCCP, DOL’s Wage and Hour Division, and the NLRB.


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