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On November 2, 2023, the National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo provided guidance to inquiries received by the NLRB in the wake of the Board’s decision in Cemex Construction Materials Pacific, LLC (which we wrote about here). In summary, the Board’s decision in Cemex established a new […]

Today, October 26, 2023, the National Labor Relations Board issued a final rule that rescinds and replaces the Trump Administration’s 2020 rule establishing the current test for determining whether two entities are joint employers. This new rule will result in more findings that two entities are joint employers. Under federal […]

In two companion decisions issued on August 30, 2023, the National Labor Relations Board (the Board) severely eroded unionized employers’ ability to unilaterally act in accordance with their past practice. The Board concluded in these cases that an employer will violate Section 8(a)(5) of the National Labor Relations Act (which […]

In Intertape Polymer Corp., the National Labor Relations Board (the Board) reaffirmed the standard it will apply when determining whether an adverse employment action was motivated by employee conduct protected by the National Labor Relations Act (NLRA). Under the Wright Line test, the NLRB General Counsel bears the initial burden […]

The National Labor Relations Board (the “Board” or “NLRB”) issued a final rule on August 24, 2023 that will drastically reduce the time between when a petition is filed – typically, by a union – and an election. This final rule is yet another instance of the Biden Board furthering […]

The National Labor Relations Board (the “Board” or “NLRB”) issued a decision in Cemex Construction Materials Pacific on August 25, 2023 that will allow it to order collective bargaining without a secret-ballot election or voluntary recognition. Key Points Failure to Respond to a Demand for Recognition Can Result in a […]

In an unsurprising decision applicable to both unionized and non-union employers, the National Labor Relations Board changed its standard for assessing whether seemingly neutral work rules violate the National Labor Relations Act (NLRA). The Board’s decision in Stericycle, Inc. applies to challenges to an employer’s maintenance of work rules that […]

The National Labor Relations Board (NLRB or the “Board”) announced a return to the pre-2020 “setting-specific” standard in cases where employees are disciplined for misconduct occurring during the course of activity protected by the National Labor Relations Act (NLRA). The case, Lion Elastomers, LLC II, overrules the Trump-era Board decision […]

An April 20, 2023 decision by the National Labor Relations Board (“NLRB” or the “Board”) detailed potential remedies the Board will consider in cases involving employers or unions that have demonstrated repeated or egregious disregard for employee rights under the National Labor Relations Act (“NLRA”). Specifically, where the Board finds […]

Employers should be aware that the National Labor Relations Act is actively working to inform employees about their rights under that law, and not always in a neutral way. A recent initiative is a new “Know Your Rights” card series. These tri-fold cards, in English and Spanish, are available to […]