NLRB

Texas Court Halts NLRB’s Proposed New Joint-Employer Rule

On Friday, March 8, 2024, the Eastern District of Texas halted a new National Labor Relations Board (NLRB) joint-employer rule that would have taken effect on March 11, 2024. The new Joint-Employer Rule would have implemented a more relaxed standard under which indirect—and even unexercised—control over another employer’s employees could qualify an employer as a […]

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NLRB/Black Lives Matter Redux

In 2020, I wrote a client alert describing the best practices in managing personnel when approaching the intersection between the National Labor Relations Act (NLRA) and when social issues seep into the workplace. Specifically, my article described a Philadelphia grocery store’s impulsive response to employees wearing #BLM shirts, masks and pins. While the store saw

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Federal Agencies Join Forces To Combat Employer Retaliation

The National Labor Relations Board (NLRB), the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL) are joining forces to combat employer retaliation. The agencies plan to coordinate their efforts in various ways including referring cases to each other to better enforce anti-retaliation efforts. Employers in the agricultural, garment manufacturing, meat packing,

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Employer Beware: New NLRB Remedies Plan Promises Pain

Ever since the 2020 presidential election last November, we have forecasted what a President Biden-appointed National Labor Relations Board (NLRB) and General Counsel would mean for our employer clients. For example, the NLRB stated in an August opinion that it was willing to “explore new make-whole remedies.” In near lock step with the NLRB, General

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