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.
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.
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
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.
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.
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
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.
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
The Biden Administration has made public the recommendations of President Biden’s “Task Force on Worker Organizing and Empowerment.” As explained in our memo, many of the recommendations, if implemented, would impact federal contractors.
President Biden has signed a new Executive Order designed to require the use of so-called “Project Labor Agreements” on major federal construction projects. PLAs are essentially “pre-hire” agreements that mandate the use of union labor.
The 45-year-old Uniform Guidelines on Employee Selection Procedures, which were recently extended by the government for another three years, continue to be relevant as employers increasingly consider the use of artificial intelligence in the employee
The three-member Democrat majority on the National Labor Relations Board is once again signaling that it is poised to overturn a pro-employer labor policy adopted during the Trump Administration, in this case whether a conf
A new Memorandum of Understanding regarding information sharing between the Labor Department’s Wage and Hour Division and the National Labor Relations Board signals that so-called “fissured workplace” relationships are being targeted as an enforcemen
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
Enforcement data released recently by the National Labor Relations Board show that in FY 2021, despite a decline in the number of labor law charges filed, the Board’s General Counsel was able to secure a nearly 45% increase in monetary remedies colle
Nearly five months into the government’s current fiscal year, the Labor Department, EEOC, and NLRB are still operating at last year’s funding levels, despite President Biden’s call for substantially increased funding. This puts a crimp in plans by th
The National Labor Relations Board is considering expanding its traditional “make-whole” remedies to include “consequential” damages, and is asking for input from interested parties on whether and how it should proceed.
As expected, the Labor Department has issued a final rule rolling back revisions made by the Trump Administration to the regulations governing employers’ use of the tip credit under the Fair Labor Standards Act. Restoration of the so-called 80-20 rul
The major “infrastructure” legislation that is awaiting final Congressional approval contains a provision that would condition the awarding of federal funds based on a company’s “demonstrated record of and plans to be in compliance with Federal labor
A new standard adopted by the National Labor Relations Board last year that protects an employer’s right to discipline employees for offensive speech is in jeopardy as a new, more union-friendly NLRB revisits it.
Because the temporary funding bill approved by Congress at the last minute to keep the government running until December 3 freezes agency budgets at last year’s levels, plans by the Labor Department and other workplace enforcement agencies to hire ad
A standard adopted by the Republican-controlled National Labor Relations Board in 2019 that strictly limited the ability of a property owner’s contract workers to engage in union related activity on the owner’s premises has been reversed by a federal
With President Biden’s picks about to assume majority control of the National Labor Relations Board, national labor law policy is almost certain to tilt to a more union-friendly bias in the weeks and months to come. We touch on a number of areas wher
A recent ruling by the D.C. Circuit serves as a reminder that an employer email policy that restricts non-business use must be applied consistently so as not to discriminate against employees’ labor law rights.
The Senate last week, on party-line votes, confirmed President Biden’s nominations of a new Deputy Secretary and a new Solicitor of Labor, as well as an EEOC Commissioner. Several other nominees were advanced in Committee, and could see confirmation
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