As we discussed in a recent blog post, last year the National Labor Relations Board (NLRB) issued a rule revising the standard for determining a joint employer. The rule was due to go into effect on Dec. 26, 2023, but was delayed when business groups led by the U.S. Chamber of Commerce brought a lawsuit in Texas against the NLRB alleging the rule exceeds the NLRB’s authority. Recently, a Texas federal judge delayed the rule implementation until Mar. 11, 2024 to give the Court additional time to issue a decision. Continue Reading NLRB joint employer rule delayed

There is no need to wait until March for college basketball to take the spotlight thanks to a recent ruling issued by the National Labor Relations Board (NLRB). On Monday, a regional official ruled that Dartmouth’s men’s basketball players are University employees and ordered an election for them to vote on unionization.Continue Reading “February madness” in college basketball: NLRB rules players are university employees

*Special thanks to Porter Wright summer law clerk, Diego De La Vega, for his assistance with this post.

On June 1, 2023, the Supreme Court of the United States issued a decision some have deemed a blow to the right to strike. An 8-1 decision, Glacier Northwest v. International Brotherhood of Teamsters Local Union No. 174 crossed ideological lines, as both conservative and liberal members of the Supreme Court either joined the majority opinion or concurred.Continue Reading Shot through the heart: Did SCOTUS give strikes a bad name?

A recent National Labor Relations Board decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger subsidiaries, the NLRB held that the National Labor Relations Act protects an employee’s right to wear buttons and masks in support of Black Lives Matter.Continue Reading Consistency matters: When the employer speaks, the employees may answer

In a decision issued Feb. 21, 2023, the National Labor Relations Board (NLRB) set a new precedent regarding confidentiality provisions. The McLaren Macomb case involved furloughed employees that were offered a severance agreement containing non-disparagement language that prohibited them from making negative statements about the employer. The agreement also contained a confidentiality provision that prohibited the employees from discussing the terms of the agreement itself.Continue Reading NLRB targets confidentiality provisions in severance agreements

The legal and mainstream media is still abuzz following the Federal Trade Commission’s Jan. 5, 2023, Notice of Proposed Rulemaking that would ban all employee non-compete agreements nationwide. And earlier this month, a bipartisan Senate bill was introduced (the Workforce Mobility Act of 2023, sponsored by U.S. Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.)) that also would ban non-competes across the board (except, as in the FTC’s proposal, in connection with the sale of a business). But comments made by President Biden in his Feb. 7 State of the Union Address signal that a more measured approach focused on banning non-competes for low-wage workers may ultimately be what becomes law.Continue Reading Biden State of the Union signals measured approach on non-compete ban