Executive Summary: The National Labor Relations Board’s (NLRB’s) recent decision in Atlanta Opera, Case 10– RC–276292 (June 13, 2023), revises the standard the Board will use to determine whether workers are employees or independent contractors under the National Labor Relations Act (NLRA). In Atlanta Opera, the Board overruled a 2019 decision which emphasized entrepreneurial opportunity when evaluating a worker’s independence to pursue economic gain, and returned to a traditional common-law test, which requires the consideration of several factors but does not give greater weight to any one factor.
Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).
The Practical NLRB Advisor: Spring 2023
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions and sharply divided opinions issued by the National Labor Relations Board (NLRB) resulting from the mid-December
The Practical NLRB Advisor – Issue 24, Spring 2023
In This Issue Latest Biden Board Activity Corralling the Administrative State Other NLRB Developments
Top Five Labor Law Developments for May 2023
Supreme Court Holds Employers Can Sue for Strike Damages
The Supreme Court in Glacier Northwest v. Teamsters held that the NLRA does not preempt state law tort claims for property damage resulting from a strike when the strikers fail to take “reasonable precautions” to protect employer property. This decision slightly restricts the right to strike by obliging
Supreme Court Holds NLRA Does Not Preempt Claims for Intentional Property Damage Committed by Strikers
On June 1, 2023, the Supreme Court of the United States ruled that the National Labor Relations Act (NLRA) does not preempt an employer’s state court tort claims alleging a union intentionally destroyed the employer’s property during a strike. The ruling is significant for employers in that it could open
Recent Decisions by the NLRB: Harsher Penalties for Employers Who Repeatedly Violate Labor Law, More Leniency for Worker Outbursts during Labor Action
As expected, in the last month the National Labor Relations Board has continued to issue decisions that reverse Trump-era precedents and expand the protections available to employees and unions. In Noah’s Ark Processors, LLC d/b/a WR Reserve, 372 NLRB No. […]
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.
“Fight On” for Employee Status
Executive Summary: The National Labor Relations Board’s (NLRB’s) recent unfair labor practice (ULP) complaint against the University of Southern California (USC), the National Collegiate Athletic Association (NCAA), and the Pac-12 Conference (Pac-12) sets the case for collegiate athletes to unionize.
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
Shout, Shout, Let it All Out: NLRB Issues Ruling Expanding Protections for Employee Outbursts
Top Five Labor Law Developments for April 2023
The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023). The Board overruled General Motors, 369 NLRB No. 127 (2020) and reverted to its pre-2020 “setting-specific” standard for determining whether an employer lawfully disciplines employees whose protected concerted activity crosses the line into abusive conduct.
Daniel Schudroff Comments on Potential NLRB Remedies for Repeat Violators
Daniel Schudroff comments on a recent National Labor Relations Board ruling that laid out a list of harsher remedies it will consider using against repeat violators of the National Labor Relations Act In “NLRB Offers Guide For Remedies Against Repeat Violators,” published by Law360.
Labor Board Returns to Prior Standard, Limiting Employers’ Response to Abusive Workplace Conduct
The National Labor Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labor Relations Act. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023). The decision applies retroactively to all pending “abusive conduct” cases.
Maintaining a Harmonious Workplace…With One Hand Tied Behind Your Back
The NLRB Limits Employers’ Ability to Discipline Employees for Harassing, Abusive, Racially Offensive Conduct Occurring Amidst Protected Activity