Labor Relations

Memo
22-090
Tuesday, May 10, 2022

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.


Memo
22-085
Monday, May 2, 2022

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


Memo
22-080
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.


Memo
22-047
Wednesday, March 9, 2022

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


Memo
22-037
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.


Memo
22-026
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.


Memo
22-025
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


Memo
22-024
Monday, February 7, 2022

A second Department of Labor administrative law judge has ruled that a constitutional challenge to OFCCP’s audit selection process brought by the Convergys company does not have merit.


Memo
22-019
Monday, January 31, 2022

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


Memo
22-011
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


Memo
22-007
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


Memo
21-242
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


Memo
21-237
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


Memo
21-231
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.


Memo
21-214
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


Memo
21-199
Monday, October 11, 2021

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


Memo
21-196
Thursday, October 7, 2021

A new standard adopted by the National Labor Relations Board last year that protects an employer’s right to discipline employees for offensive speech is in jeopardy as a new, more union-friendly NLRB revisits it.


Memo
21-194
Wednesday, October 6, 2021

Because the temporary funding bill approved by Congress at the last minute to keep the government running until December 3 freezes agency budgets at last year’s levels, plans by the Labor Department and other workplace enforcement agencies to hire ad


Memo
21-182
Tuesday, September 14, 2021

A standard adopted by the Republican-controlled National Labor Relations Board in 2019 that strictly limited the ability of a property owner’s contract workers to engage in union related activity on the owner’s premises has been reversed by a federal


Memo
21-167
Tuesday, August 24, 2021

With President Biden’s picks about to assume majority control of the National Labor Relations Board, national labor law policy is almost certain to tilt to a more union-friendly bias in the weeks and months to come. We touch on a number of areas wher


Memo
21-160
Thursday, August 12, 2021

A recent ruling by the D.C. Circuit serves as a reminder that an employer email policy that restricts non-business use must be applied consistently so as not to discriminate against employees’ labor law rights.


Memo
21-141
Thursday, July 22, 2021

The Senate last week, on party-line votes, confirmed President Biden’s nominations of a new Deputy Secretary and a new Solicitor of Labor, as well as an EEOC Commissioner. Several other nominees were advanced in Committee, and could see confirmation


Memo
21-139
Wednesday, July 14, 2021

In an important ruling dealing with labor-management rights, the Supreme Court has ruled that a California regulation compelling an employer to give access to its property by non-employee union organizers violates the U.S. Constitution.


Memo
21-134
Wednesday, July 7, 2021

The Acting General Counsel of the National Labor Relations Board has issued two new “Advice” memos suggesting that not every enforcement action taken by the GC’s office will be skewed in favor of a complaining employee.


Memo
21-132
Tuesday, July 6, 2021

Our third in CWC’s ongoing series of memos summarizing federal case law developments of interest to CWC members covers decisions of note issued since this past March.


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