Summary On September 6, 2022, the National Labor Relations Board (“NLRB”) released a Notice of Proposed Rulemaking that would rescind and replace the joint-employer rule that took effect […]
NLRB Acts to Limit Scope of Permissible Confidentiality and Non-Disparagement Restrictions in Severance Agreements
Updated March 28, 2023 On March 22, 2023, National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo issued a memorandum to the NLRB’s regional directors […]
NLRB Modifies Standard For Evaluating Independent Contractor Classification Under the National Labor Relations Act
On June 13, 2023, the National Labor Relations Board (“NLRB”) announced its highly anticipated decision in The Atlanta Opera, Inc., which addresses the classification of workers as employees […]
NLRB Reinstates Narrower Joint-Employer Standard First Implemented During President Trump’s First Term
Summary On February 25, 2026, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule for determining joint-employer status (“2026 Rule”) under the National Labor Relations […]
NLRB GC Contends “Stay-Or-Pay” Arrangements Are Presumptively Unlawful and Calls for “Make Whole” Remedies for Unlawful Non-Competes
On October 7, 2024, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (“NLRB”), issued a new memorandum alleging that “stay-or-pay” agreements are presumptively unlawful under […]
NLRB Acting General Counsel Rescinds Biden-Era Guidance
The NLRB under the Trump administration is expected to implement significant changes to labor policy. As expected, on February 14, 2025, the newly appointed National Labor Relations Board […]
President Trump Removes EEOC and NLRB Officials
May 27, 2025 Update. On May 22, 2025, the Supreme Court issued an order granting President Trump’s request to stay decisions by the lower courts that enjoined the […]
Joining Effort to Beat Down NLRB, Amazon Suit Calls Agency’s Administrative Process ‘Constitutional Infirmity’
Global heavyweight Amazon has joined the crusade to rein in the National Labor Relations Board—asserting its structure limits disputes to hearings before administration law judges and violates its due process […]
Justices Seemingly Balk at Deferring to NLRB in Starbucks Appeal of Injunction
The U.S. Supreme Court appeared open to the idea Tuesday that some courts have been too deferential to the National Labor Relations Board in unfair labor practice cases, as […]
Congress Opposes NLRB Joint Employer Rule — Justia News — April 15, 2024
Last fall, the National Labor Relations Board published a new rule that expanded the definition of joint employers under federal labor law. The NLRB made it easier for […]