Colorado agency issues rules governing the Protections for Public Workers Act (PROPWA), which provides Section 7-type rights to certain Colorado public employees. The rules, which clarify protected activity, reserve certain public employer rights, and establish enforcement mechanisms, take effect July 1, 2024.
Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).
Texas Federal Judge Strikes Down NLRB’s New Joint-Employer Rule
On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be deemed joint employers.
Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule
On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be deemed joint employers.
Texas Federal Judge Struck Down Labor Board’s New Joint-Employer Rule
A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553 (Mar. 8, 2024).
The rule, which was set to take effect March 11, 2024,
NLRB’s New Joint Employment Rules Struck Down By Federal District Court
By: NLRB’s New Joint Employment Rules Struck Down By Federal District Court
In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This was an important rule governing questions
Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard
A U.S. district court ruled that the NLRB’s 2023 joint employment regulations—which provided that indirect or reserved control, even if never exercised, could be sufficient to establish joint employment—was defined overbroadly. The court restored prior regulations requiring “substantial direct and immediate control” to establish joint employment.
Dartmouth Men’s Basketball Team Votes to Form Union with SEIU
Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union
On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the National Labor Relations Board (NLRB), setting up a legal challenge that
Top Five Labor Law Developments for February 2024
A Texas federal judge delayed the effective date of the National Labor Relations Board’s new joint-employer rule from February 26 to March 11, 2024. U.S. Chamber of Commerce v. NLRB, No. 6:23-cv-00553 (E.D. Tex. Feb. 22, 2024).
When is Wearing “BLM” Insignia “Concerted Activity”?
Last week, the National Labor Relations Board ruled that Home Depot violated an employee’s rights under Section 7 of the National Labor Relations Act by requiring them to remove the “BLM” (the acronym for “Black Lives Matter”) insignia from their orange work apron.
Union Petitions Spike in 2022 and 2023, Ogletree Deakins NLRB Data Tracking Shows
Labor organizing activity rose over the past two years with nearly as many representation election (RC) petitions filed with the National Labor Relations Board (NLRB) from 2022 through 2023 as the previous three years, while the average time to close petitions saw a significant drop in 2023, according to public
Recent NLRB Activity is a Mixed Bag for Employers’ Use of Restrictive Covenants
Two recent developments involving the National Labor Relations Board’s scrutiny of restrictive covenant agreements, per its general counsel’s Memorandum 23-08, have provided a mix of good and bad news for employers.
The Fight Continues for Employee Status – Dartmouth Men’s Basketball Players Are Employees Under the NLRA
Summary: On February 5, 2024, the National Labor Relations Board’s (NLRB or Board) Regional Director for Region 1 (Boston) announced that Dartmouth College men’s basketball players are employees under the National Labor Relations Act (NLRA) and may vote to unionize. The Regional Director premised her finding on the basis that Dartmouth exercises significant control over the work performed by the basketball players, who in turn perform that work in exchange for compensation.
NLRB Regional Director Rules Dartmouth Basketball Players Are Employees, Setting Up Potential Landmark Board Case
On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) in Boston ruled that men’s college basketball players at Dartmouth College are “employees” within the meaning of the National Labor Relations Act (NLRA) and have the right to a union election. The ruling sets up what
NLRB Regional Director Rules Dartmouth College Basketballs Are Employees, Setting Up Potential Landmark Board Case
On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) in Boston ruled that men’s college basketball players at Dartmouth College are “employees” within the meaning of the National Labor Relations Act (NLRA) and have the right to a union election. The ruling sets up what