Monday, November 28, 2022
The Biden-appointed majority on the National Labor Relations Board, along with the agency’s pro-union General Counsel, are doing their best to shift national labor policy to favor organized labor.
Tuesday, November 22, 2022
Enforcement data for FY 2022 released recently by the National Labor Relations Board show a significant increase in the number of complaints by workers filed with the agency as compared to the previous year, reversing a five-year downward trend.
Monday, September 19, 2022
This recent ruling by the National Labor Relations Board reiterates a long-standing Supreme Court precedent that requires an employer to show “special circumstances” when justifying a policy that bans an employee from wearing a union insignia on the
Wednesday, September 14, 2022
MEMBER FEEDBACK REQUESTED. The National Labor Relations Board, now operating with a Democrat majority, has (as anticipated) published a proposed rule that would increase the likelihood of a finding that two employers are considered to be a “joint emp
Tuesday, September 6, 2022
A case that raises the important issue of reconciling the potential conflict between an employer’s EEO obligations and an employee’s labor law rights comes down on the side of labor law rights, at least in this instance, according to a split three-ju
Earlier this year, the House of Representatives approved a partisan rewrite of the federal Workforce Innovation and Opportunity Act (WIOA), the law that governs the federal job training infrastructure. It doesn’t look like that bill is going anywhere
The influential federal appeals court has issued a second ruling in a case that goes to the heart of determining whether a company is a “joint employer” under the National Labor Relations Act. It’s complicated though, as our memo attempts to explain.
The National Labor Relations Board has signed “Memoranda of Understanding” with both the Federal Trade Commission and the Department of Justice to coordinate enforcement of alleged employment practices that stifle competition.
A recent ruling by the Third Circuit Court of Appeals serves as a useful reminder that the National Labor Relations Board has the power to prosecute a case based on an allegation made by a third party who has no connection to the employer’s employees
This recent appeals court ruling illustrates both the expansive reach of the National Labor Relations Act as well as the considerable discretion given to the National Labor Relations Board to interpret the NLRA’s coverage.
Last year the EEOC entered into a pact along with the Labor Department and NLRB to aggressively go after allegations of unlawful retaliation. A recent court ruling suggests that the EEOC is taking this charge seriously.
The Fifth Circuit Court of Appeals has ruled that President Biden’s termination of Peter Robb, the Trump appointee serving as General Counsel of the National Labor Relations Board, was within the President’s authority even though Robb had 10 months r
Wednesday, April 27, 2022
Jennifer Abruzzo, a former union lawyer who now serves as the General Counsel of the National Labor Relations Board, is determined to reverse some of what she believes are pro-management labor law policies that were adopted by the Trump-era NLRB.
CWC has filed a friend-of-the-court brief with the National Labor Relations Board arguing that the Board’s so-called “Boeing” standard that is used to balance employer and employee rights when determining whether an employer policy violates federal l
Wednesday, February 23, 2022
The Biden Administration has made public the recommendations of President Biden’s “Task Force on Worker Organizing and Empowerment.” As explained in our memo, many of the recommendations, if implemented, would impact federal contractors.
Wednesday, February 9, 2022
President Biden has signed a new Executive Order designed to require the use of so-called “Project Labor Agreements” on major federal construction projects. PLAs are essentially “pre-hire” agreements that mandate the use of union labor.
Tuesday, February 8, 2022
The 45-year-old Uniform Guidelines on Employee Selection Procedures, which were recently extended by the government for another three years, continue to be relevant as employers increasingly consider the use of artificial intelligence in the employee
The three-member Democrat majority on the National Labor Relations Board is once again signaling that it is poised to overturn a pro-employer labor policy adopted during the Trump Administration, in this case whether a conf
Tuesday, January 18, 2022
A new Memorandum of Understanding regarding information sharing between the Labor Department’s Wage and Hour Division and the National Labor Relations Board signals that so-called “fissured workplace” relationships are being targeted as an enforcemen
Wednesday, January 12, 2022
The Biden-appointed majority on the National Labor Relations Board is asking for input on whether it should revisit two major rulings issued by the Trump-era NLRB dealing with employer work rules and independent contractor
Monday, December 13, 2021
Enforcement data released recently by the National Labor Relations Board show that in FY 2021, despite a decline in the number of labor law charges filed, the Board’s General Counsel was able to secure a nearly 45% increase in monetary remedies colle
Tuesday, December 7, 2021
Nearly five months into the government’s current fiscal year, the Labor Department, EEOC, and NLRB are still operating at last year’s funding levels, despite President Biden’s call for substantially increased funding. This puts a crimp in plans by th
Monday, November 29, 2021
The National Labor Relations Board is considering expanding its traditional “make-whole” remedies to include “consequential” damages, and is asking for input from interested parties on whether and how it should proceed.
Wednesday, November 3, 2021
As expected, the Labor Department has issued a final rule rolling back revisions made by the Trump Administration to the regulations governing employers’ use of the tip credit under the Fair Labor Standards Act. Restoration of the so-called 80-20 rul
The major “infrastructure” legislation that is awaiting final Congressional approval contains a provision that would condition the awarding of federal funds based on a company’s “demonstrated record of and plans to be in compliance with Federal labor