Labor Relations

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
22-177
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
22-154
Tuesday, August 16, 2022

Earlier this year, the House of Representatives approved a partisan rewrite of the federal Workforce Innovation and Opportunity Act (WIOA), the law that governs the federal job training infrastructure. It doesn’t look like that bill is going anywhere


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
22-085
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
22-047
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
22-037
Wednesday, February 23, 2022

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.


Memo
22-026
Wednesday, February 9, 2022

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.


Memo
22-025
Tuesday, February 8, 2022

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


Memo
22-019
Monday, January 31, 2022

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


Memo
22-011
Tuesday, January 18, 2022

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


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
21-242
Monday, December 13, 2021

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


Memo
21-237
Tuesday, December 7, 2021

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


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
21-214
Wednesday, November 3, 2021

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


Memo
21-199
Monday, October 11, 2021

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


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