NLRB

Memo
24-105
Wednesday, June 19, 2024

The Supreme Court has settled a federal circuit court split in a way that will make it less likely that employers will have to reinstate fired workers while the NLRB reviews unfair labor practice charges.


Memo
24-093
Thursday, May 30, 2024

President Biden has submitted two nominations for seats on the five-member National Labor Relations Board, one a Democrat and the other a Republican. If the nominees are confirmed by the U.S. Senate before it adjourns for the year, pro-union Democrat


Memo
24-045
Tuesday, March 12, 2024

A federal district court in Texas has ruled that a regulation issued last year by the Biden-appointed National Labor Relations Board majority regarding whether two entities can be considered “joint” employers exceeds common law limits, and cannot be


Memo
24-044
Monday, March 11, 2024

As part of a deal to fund a portion of the federal government through September 30, Congress has allocated a budget of $455 million to the EEOC, the same amount the agency received last fiscal year.


Memo
24-029
Monday, February 12, 2024

Even though the National Labor Relations Board has been around for almost 90 years, two companies are now pursuing litigation challenging the agency’s constitutionality.


Memo
24-017
Tuesday, January 23, 2024

A divided three-judge panel of the D.C. Circuit Court of Appeals has affirmed a ruling by the National Labor Relations Board that an employee feedback program created by T-Mobile was an illegal company union.


Memo
23-236
Thursday, December 14, 2023

The Biden Administration’s latest regulatory agenda lists several new items added by the EEOC, while indicating that OFCCP has hit the pause button on several previously listed items of interest to federal contractors.


Memo
23-223
Tuesday, November 28, 2023

The National Labor Relations Board has postponed the effective date of its controversial new joint employment liability rule until February as it awaits rulings in two lawsuits that have been filed challenging the rule.


Memo
23-219
Wednesday, November 15, 2023

The number of so-called unfair labor practice charges filed with the National Labor Relations Board by workers and their union representatives has increased by 30% over the last two years. A worker-friendly NLRB is likely one of the reasons.


Memo
23-213
Monday, November 6, 2023

As expected, the Biden-appointed majority on the National Labor Relations Board has signed off on a new rule that will increase the likelihood that two separate employers can be found jointly liable for violations of the National Labor Relations Act.


Memo
23-190
Wednesday, September 27, 2023

The Biden-appointed majority on the National Labor Relations Board is continuing to reshape federal labor law with a pro-union tilt by reversing more management-friendly rulings that were issued by the Trump-era Board.


Memo
23-181
Wednesday, September 13, 2023

The Biden-appointed majority on the National Labor Relations Board has issued a final rule intended to speed up union representation elections. The rule undoes procedures put in place by the Trump-era Board in 2019 and is expected to work to the bene


Memo
23-159
Thursday, August 10, 2023

In a ruling that comes as no surprise, the National Labor Relations Board has crafted a new standard that will make it more difficult for an employer to apply an otherwise neutral workplace conduct rule without violating federal labor law.


Memo
23-141
Monday, July 17, 2023

In a decision that CWC predicted, the Biden-era National Labor Relations Board has issued a ruling that will make it more likely that a worker will be considered an employee for purposes of the National Labor Relations Act.


Memo
23-117
Tuesday, June 13, 2023

The National Labor Relations Board’s General Counsel has issued a memorandum to the NLRB’s enforcement personnel taking the view that non-compete agreements violate federal labor law, and asking the field to find a case to prosecute.


Memo
23-116
Monday, June 12, 2023

The High Court has ruled that a labor union that failed to mitigate the risk of harm to an employer’s property during a sudden work stoppage can be sued for damages in state court, concluding that the strikers’ actions were not protected by federal l


Memo
23-097
Tuesday, May 16, 2023

Former union official and current National Labor Relations Board General Counsel Jennifer Abruzzo is continuing to exert her influence in reshaping federal labor law to make it more employee friendly.


Memo
23-093
Tuesday, May 9, 2023

The National Labor Relations Board has ruled that federal labor law gives considerable protection to workers who make offensive statements while engaging in protected conduct. The ruling reverses a decision issued by the Trump-era Board that articula


Memo
23-062
Monday, March 27, 2023

The Biden-appointed majority on the National Labor Relations Board is continuing to reverse labor policies established during the last Administration that the current Board claims infringed on worker rights.


Memo
23-056
Thursday, March 16, 2023

The President’s opening bid in a process that will ultimately determine federal government funding levels for fiscal year 2024, which begins on October 1, contains huge proposed increases for agencies such as OFCCP, the Wage and Hour Division, and th


Memo
23-018
Tuesday, January 24, 2023

But for a handful of new initiatives, the biggest change in the Biden Administration’s latest semi-annual regulatory agenda from its predecessor is a push back in estimated completion dates for items previously listed.


Memo
23-004
Thursday, January 5, 2023

The final FY 2023 government spending deal reached by Congress shortly before it adjourned contains budget increases for several workplace enforcement agencies, with the National Labor Relations Board and the Equal Employment Opportunity Commission c


Memo
23-001
Tuesday, January 3, 2023

In what has become a predictable scenario whenever there is a change in presidential administrations, the National Labor Relations Board is actively reversing decisions made by the NLRB during the previous administration. In the present case, the tre


Memo
22-233
Wednesday, December 14, 2022

Our written comments to the National Labor Relations Board argue that its proposal to abandon the balanced test for determining joint employment liability established by the Board in 2020 will unfairly skew the law to favor joint employer findings.


Memo
22-228
Wednesday, December 7, 2022

With the results of the 2022 mid-term elections now in, CWC has dusted off its crystal ball to take a look at what the changed political dynamic might mean for employment policy issues.


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