December 16, 2022
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Category: Agency Enforcement

Comments to NLRB Oppose Agency’s One-Sided Joint Employment Proposal

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has submitted written comments to the National Labor Relations Board (NLRB or Board) expressing strong opposition to the agency’s proposed rule for determining whether two employers are acting jointly for purposes of triggering obligations and responsibilities under the National Labor Relations Act (NLRA). If adopted as proposed, the rule would...
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December 02, 2022
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Category: Agency Enforcement

Biden-Era NLRB Continues Reshaping Federal Labor Law To Favor Union Organizing

As we have reported previously, President Biden has publicly expressed his desire to be known as the “most pro-union president” ever. Indeed, since the President took office, his administration has taken a number of high profile actions within the limits of its authority to shape federal labor law in a way that favors organized labor. These developments are especially significant...
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November 23, 2022
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Category: Agency Enforcement

NLRB Reports Big Increase in Unfair Labor Practice Charges in FY 2022

According to enforcement data for fiscal year 2022 (October 1, 2021 – September 30, 2022) released recently by the National Labor Relations Board (NLRB or Board), there was an increase of nearly 20% in the number of unfair labor practice (ULP) charges filed with the agency compared to the previous year. This jump reverses a five-year trend where ULP charges...
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September 23, 2022
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Category: Labor Relations

NLRB Makes It Harder To Ban Wearing of Union Insignia in the Workplace

The National Labor Relations Board (NLRB or Board), now under the majority control of Biden appointees and over the strong dissent of its two minority Republican members, has reversed a Trump-era ruling that made it easier for employers to restrict the apparel an employee can wear on the job, including the wearing of items that contain union logos or messaging,...
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September 16, 2022
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Category: Labor Relations

As Expected, NLRB Proposes Return to Controversial Browning-Ferris Joint Employer Standard

Over the dissent of the agency’s two Republican members, and as expected, the Democrat majority on the National Labor Relations Board (NLRB or Board) has published a proposed rule that would scrap the Trump-era standard for determining whether two employers are acting jointly for purposes of triggering obligations and responsibilities under the National Labor Relations Act (NLRA). In its stead,...
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September 16, 2022
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Category: Labor Relations

DOL Proposes Amending Form “LM-10” To Require Employers To ID Contractor Status

The Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) has published a formal proposal that would require companies that are subject to filing mandatory disclosure reports regarding certain expenditures they incur during a labor dispute to indicate whether they are federal contractors. The Labor-Management Reporting and Disclosure Act (LMRDA) of 1959, sometimes referred to as the Landrum-Griffin Act, was...
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September 09, 2022
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Category: Labor Relations

Divided D.C. Circuit Affirms NLRB’s Offensive Speech Ruling

A divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, on the court’s second look, has upheld a decision by the National Labor Relations Board (NLRB) that found an employer violated federal labor law when it fired a worker who wrote profanity on a workplace bulletin board in protest of a new overtime policy....
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August 12, 2022
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Category: Labor Relations

D.C. Circuit Reinforces Prior “Joint Employer” Ruling in Browning-Ferris

The U.S. Court of Appeals for the District of Columbia Circuit has issued a second ruling in a long-running case that goes to the heart of who can be considered a “joint employer” under the National Labor Relations Act (NLRA). Before we proceed further, please be aware that the history of this case is complex, as is predicting the ultimate...
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June 17, 2022
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Category: Labor Relations

Third Circuit Rules “Politically-Motivated Busybody” Can Bring a Valid NLRB Charge

The U.S. Court of Appeals for the Third Circuit recently confirmed that a person who has no connection to employees who are allegedly harmed by an unfair labor practice can nevertheless bring a valid charge before the National Labor Relations Board (NLRB or Board), and that the Board has the discretion to investigate the charge. The ruling by the appeals...
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May 27, 2022
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Category: Labor Relations

Ruling by Fourth Circuit in Sinai Hospital Highlights NLRA’s Broad Worker Coverage

The U.S. Court of Appeals for the Fourth Circuit recently ruled that a group of janitorial workers were “employees” under the National Labor Relations Act (NLRA or Act) and could therefore unionize despite their participation in a government-sponsored program designed to assist individuals with disabilities facing barriers to employment. In so ruling, the appeals court agreed with the National Labor...
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