National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued a complaint on Wednesday, December 11, 2024, stating that contestants on the popular reality show Love is Blind are required to be classified as employees. The complaint challenges the show’s current practice of classifying participants as independent contractors. Employers in
Articles Discussing The National Labor Relations Board (NLRB).
Employers Face New Challenges as NLRB Restores ‘Clear and Unmistakable’ Waiver Standard
On December 10, 2024, the National Labor Relations Board (NLRB) restored the “clear and unmistakable” waiver standard for evaluating whether an employer made unlawful unilateral changes without first giving the union notice and an opportunity to bargain.
The Practical NLRB Advisor: Fall 2024
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2024 issue of the Practical NLRB Advisor.
Winds of Change at NLRB: Employer Guide for Upcoming Trump Administration
Takeaways:Immediate changes to the Board are expected post-inauguration, including the appointment of a new general counsel.A new general counsel likely will rescind certain GC memos, including one directing the breadth of consequential damages that regional offices should seek and another finding “stay-or-pay” provisions unlawful.The Board composition is expected to become majority Republican and return to employer-friendly standards and rules.Related link:
NLRB General Counsel Declares ‘Stay-Or-Pay’ Provisions Unlawful: What Employers Need to Know
Takeaways:NLRB GC Abruzzo expanded her theory that certain restrictive covenants are unlawful by also including “stay-or-pay” provisionsEmployers could soon face expanded remedies for proffering, maintaining or enforcing non-compete and “stay-or-play” provisions deemed unlawfulEmployers have until Dec. 6, 2024, to cure preexisting provisionsRelated link:
NLRB’s General Counsel Urges Stricter Guidelines on Non-Competes and “Stay-or-Pay” Provisions
On October 7, 2024, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo released Memorandum GC 25-1 titled “Remedying the Harmful Effects of Non-Compete and ‘Stay-or-Pay’ Provisions that Violate the National Labor Relations Act” (“Memo”).
NLRB Reaffirms that Graduate Students Are Statutory Employees under NLRA
On August 9, 2024, the NLRB denied Pardee RAND Graduate School’s (“RAND”) request for review of a regional director’s Decision and Direction of Election (DDE) finding that a petitioned-for unit of graduate policy researchers was an appropriate bargaining unit. The Board found that RAND’s request raised no substantial issue warranting
NLRB Will No Longer Approve Consent Orders
A recent National Labor Relations Board (NLRB) decision has ended the practice of administrative law judge (ALJ) approval of consent orders to resolve unfair labor practice (ULP) charges. This is yet another development from the NLRB that makes it more difficult to settle charges and increases the likelihood those matters
Supreme Court Weakens NLRB’s Ability to Obtain Injunctions in Labor Cases
On June 13, 2024, the Supreme Court of the United States held that courts must assess requests for an injunction by the National Labor Relations Board (NLRB) using the traditional four-factor test for preliminary injunctions. The ruling weakens the Board’s ability to obtain quick court orders to maintain the “status
Act Fast: National Labor Relations Board Guidance Memorandum Serves as a Reminder of Shortened Election Timeframe
On December 8, 2023, National Labor Relations Board (the “Board”) General Counsel Jennifer Abruzzo issued a Guidance Memorandum (“GC 24-02”) describing the practical impact of the 2023 final rule amending federal regulations that govern representation election procedures.
NLRB and OSHA Enter Into Memorandum of Understanding to Share Information and Make Referrals
On October 31, 2023—Halloween—the National Labor Relations Board (NLRB) and the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a “scary” new agreement between the two federal agencies. The agreement was described as an effort to “strengthen the agencies’ partnership and outline procedures for information-sharing, referrals, training
NLRB’s Cemex Decision – Not Exactly Card Check, but Awfully Close
NLRB adopted a modified “Joy Silk doctrine,” which facilitates union organizing by card check instead of a secret ballot election. When a union demands recognition with a majority of employee-signed cards, the employer must either (i) recognize and bargain with the union or (ii) promptly file an RM
The Practical NLRB Advisor – Issue 24, Spring 2023
In This Issue Latest Biden Board Activity Corralling the Administrative State Other NLRB Developments
NLRB General Counsel Seeks Quicker Compliance With Board Orders
In yet another effort to speed up the processing of cases, the National Labor Relations Board (NLRB) general counsel on May 22, 2023, issued a memorandum instructing Regional Offices to speed up compliance with Board-ordered remedies in labor cases.
NLRB General Counsel Files Complaint Demanding College Reclassify its Student-Athletes as Employees
National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo filed a long-anticipated complaint on May 18, 2023 against the University of Southern California (USC), the Pac-12 Conference, and the National Collegiate Athletic Association (NCAA), alleging that their failure to use the term “employee” to refer to student-athletes in