The NLRB is required to recognize lawful collective bargaining agreements, and as such, has a duty to determine whether CBA language directly or indirectly excuses an employer from responding to a Request for Information. Contractual grievance and arbitration procedures may be an appropriate vehicle for deciding some RFI disputes. Emergency
Articles Discussing General Labor Law Topics And The NLRA.
Ensuring Your Severance Agreements Are Lawful
By: Ensuring Your Severance Agreements Are Lawful
By: Ensuring Your Severance Agreements Are Lawful
Approximately one year ago, we reported on the National Labor Relations Board’s decision in McLaren Macomb and NLRB General Counsel Jennifer Abruzzo’s subsequent interpretation of that decision and what it means for employers in NLRB GC Memorandum 23-05.<!–StartFragment
The Practical NLRB Advisor: Spring 2024
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2024 issue of the Practical NLRB Advisor.
Labor Law Update Spring 2024
Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. The Spring 2024 issue includes:
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.
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).
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 Says Dartmouth Men’s Basketball Players Are Employees, Can Vote in Union Election
On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act. Based on their status as employees, Regional Director Sacks found, Dartmouth’s men’s basketball players are eligible to vote in
Collegiate Athletes Deemed “Employees” Under the NLRA: Dartmouth Basketball Players Cleared for Unionization Vote
Top Five Labor Law Developments for January 2024
Union membership continued its overall decline, according to a Bureau of Labor Statistics report.