August 10, 2023
|
Category: Labor Relations

NLRB Scuttles “Boeing” Standard, Adopts Test More Likely To Find Work Rules Violate the NLRA

The National Labor Relations Board (NLRB or 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. Stericycle Inc., 372 NLRB No. 113 (August 2, 2023), adopted a “reasonable tendency to chill” test, under which a challenged workplace rule or policy is...
Read More
July 17, 2023
|
Category: Labor Relations

NLRB Overrules Trump-Era Independent Contractor Test, Boosting a Likely Finding of Employee Status

The Biden-era National Labor Relations Board (NLRB or Board) has issued a ruling that will make it far more likely that a worker will be considered an employee for purposes of the National Labor Relations Act (NLRA or Act). In Atlanta Opera, 372 NLRB No. 95 (2023), the Board’s Democratic majority overruled a Trump-era Board precedent that provided practical guidance...
Read More
July 07, 2023
|
Category: Agency Enforcement

What Does Congress’ Debt Limit Agreement Mean for the Workforce Enforcement Agencies?

The debt limit agreement reached by Congress and signed by President Biden June 3, 2023, calls for cuts in discretionary federal spending during the next two years. The debt limit deal does not dictate where budget cuts should be made, so the final decisions will occur through the annual Congressional appropriations process. Funding for most agencies that regulate the workforce...
Read More
June 13, 2023
|
Category: Agency Enforcement

NLRB GC Abruzzo Tells Field Staff That Non-Compete Agreements Likely Violate the NLRA

The National Labor Relations Board’s (NLRB) General Counsel Jennifer Abruzzo has issued a memorandum to the NLRB’s field staff expressing her view that non-compete agreements (NCAs) violate the National Labor Relations Act (NLRA) and asking them to find a case for her office to prosecute. Memorandum GC 23-08 follows a ruling earlier this year (McLaren Macomb) in which the NLRB’s Democratic majority...
Read More

Categories

Talk with an EASI Consultant.

Get in Touch