NRLB

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

After a six-month delay, Congress and the Biden Administration finally reached agreement on funding the government through the end of September. The EEOC, OFCCP, and the Wage and Hour Division all received modest increases, while the NLRB was flat-fu


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
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.


Memo
21-231
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.


Memo
21-228
Monday, November 22, 2021

The three agencies with primary responsibility for enforcing federal employment laws have launched a new initiative to devote added attention to enforcing anti-retaliation protections.


Memo
21-196
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.


Memo
21-194
Wednesday, October 6, 2021

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


Memo
21-183
Wednesday, September 15, 2021

Congressional Democrats are moving forward with their $3.5 billion government spending bill, which also includes a host of major policy changes, some of which will have a major impact on workplace compliance.


Memo
21-182
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


Memo
21-167
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


Memo
21-163
Tuesday, August 17, 2021

The House of Representatives has approved big funding increases for several workplace enforcement agencies, including OFCCP and the NLRB. The House is also expected to approve a big increase for the EEOC as well. Final numbers will not be determined


Memo
21-160
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.


Memo
20-249
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.


Memo
20-214
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.


Memo
20-207
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


Memo
20-179
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


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