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

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.

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

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.

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

Monday, November 29, 2021

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.

Thursday, October 7, 2021

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.

Tuesday, September 14, 2021

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

Tuesday, August 24, 2021

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

Thursday, August 12, 2021

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.

Wednesday, December 16, 2020

Two recent federal appeals court rulings serve as a timely reminder of the rights unionized employees have under federal labor law, and how those rights are enforced.

Wednesday, October 28, 2020

CWC’s memo summarizes several recent developments from the National Labor Relations Board that may be of interest to our members.

Monday, October 19, 2020

As the November elections approach, employees may have strong views about the candidates and issues and may want to express those views in the workplace. Employers do have flexibility to adopt policies that minimize the potential disruption that may

Friday, September 11, 2020

Two years ago, the National Labor Relations Board adopted a new less rigid standard that attempts to achieve the proper balance between employee and management rights under federal labor law. Since then, the Board has been issuing decisions interpret

Friday, August 14, 2020

Over the last two years, the National Labor Relations Board has issued a series of rulings that critics claim were badly needed to reverse a strong pro-union tilt in the agency’s previous rulings.

Friday, August 14, 2020

In a fairly rare display of bipartisan agreement, the U.S. Senate has confirmed President Trump’s two nominees to the National Labor Relations Board. The same cannot be said for the President’s three nominees to the Equal Employment Opportunity Commi

Friday, July 31, 2020

In a major reversal of a controversial line of previous decisions, the National Labor Relations Board has ruled that it will no longer permit racist and sexist speech by workers in the name of protecting their rights under the National Labor Relation

Friday, July 17, 2020

Under federal labor law, a union-represented employee has the right to demand that a union representative be present in a meeting with the employer that the employee reasonably believes will lead to disciplinary action. This ruling by the influential

Friday, July 10, 2020

The Administration’s latest semi-annual regulatory agenda shows a surprising amount of new activity being planned by the federal agencies that enforce worker protection requirements.

Friday, June 19, 2020

In a back and forth we have seen in conjunction with previous changes in Administration, the now-Republican majority on the NLRB is continuing to scale back rulings that were issued during the Obama Administration by a Board that was then composed of

Friday, June 12, 2020

President Trump’s nominees to fill open slots at the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Office of Disability Employment Policy have been approved as a package by a key Senate committee, setting their

Friday, June 12, 2020

The federal trial court in Washington, DC recently struck down portions of a rule dealing with labor union election procedures that was issued by the National Labor Relations Board last December. The court found the agency violated the Administrative

Friday, May 22, 2020

There are a host of federal labor and employment laws that require employers to post notices informing employees of their rights. Our updated checklist and summary cover the employment-related poster requirements currently in effect, along with the m

Friday, April 24, 2020

The National Labor Relations Board recently issued a final rule amending three specific parts of the agency’s so-called “representation” rules and regulations to give greater protection to employees who want to be free to choose whether or not to be

Friday, April 17, 2020

As employers make hard adjustments to address the impact of the coronavirus pandemic on their operations, the National Labor Relations Board has weighed in with its view on how companies need to be mindful of the labor law implications.

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