The Biden-appointed majority on the National Labor Relations Board has issued a final rule intended to speed up union representation elections. The rule undoes procedures put in place by the Trump-era Board in 2019 and is expected to work to the bene
In a ruling that comes as no surprise, the National Labor Relations Board has crafted a new standard that will make it more difficult for an employer to apply an otherwise neutral workplace conduct rule without violating federal labor law.
In a decision that CWC predicted, the Biden-era National Labor Relations Board has issued a ruling that will make it more likely that a worker will be considered an employee for purposes of the National Labor Relations Act.
The National Labor Relations Board’s General Counsel has issued a memorandum to the NLRB’s enforcement personnel taking the view that non-compete agreements violate federal labor law, and asking the field to find a case to prosecute.
The High Court has ruled that a labor union that failed to mitigate the risk of harm to an employer’s property during a sudden work stoppage can be sued for damages in state court, concluding that the strikers’ actions were not protected by federal l
Former union official and current National Labor Relations Board General Counsel Jennifer Abruzzo is continuing to exert her influence in reshaping federal labor law to make it more employee friendly.
The National Labor Relations Board has ruled that federal labor law gives considerable protection to workers who make offensive statements while engaging in protected conduct. The ruling reverses a decision issued by the Trump-era Board that articula
The Biden-appointed majority on the National Labor Relations Board is continuing to reverse labor policies established during the last Administration that the current Board claims infringed on worker rights.
The President’s opening bid in a process that will ultimately determine federal government funding levels for fiscal year 2024, which begins on October 1, contains huge proposed increases for agencies such as OFCCP, the Wage and Hour Division, and th
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.
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
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
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.
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.
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.
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.
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
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
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
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
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.
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