Labor Law - General

On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be deemed joint employers.

A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553 (Mar. 8, 2024). The rule, which was set to take effect March 11, 2024,

By: NLRB’s New Joint Employment Rules Struck Down By Federal District Court In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This wa

A U.S. district court ruled that the NLRB’s 2023 joint employment regulations—which provided that indirect or reserved control, even if never exercised, could be sufficient to establish joint employment—was defined overbroadly. The court restored prior regulations requiring “substantial direct and i

A Texas federal judge delayed the effective date of the National Labor Relations Board’s new joint-employer rule from February 26 to March 11, 2024. U.S. Chamber of Commerce v. NLRB , No. 6:23-cv-00553 (E.D. Tex. Feb. 22, 2024).

Two recent developments involving the National Labor Relations Board’s scrutiny of restrictive covenant agreements, per its general counsel’s Memorandum 23-08, have provided a mix of good and bad news for employers.

Summary: On February 5, 2024, the National Labor Relations Board’s (NLRB or Board) Regional Director for Region 1 (Boston) announced that Dartmouth College men’s basketball players are employees under the National Labor Relations Act (NLRA) and may vote to unionize. The Regional Director premised he

On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act. Based on their status as employees, Regional Director Sacks found, Dartmouth’s men’s basketba

U nion membership continued its overall decline, according to a Bureau of Labor Statistics report.

The union membership rate among private sector workers remained steady at 6% in 2023, according to a U.S. Bureau of Labor Statistics (BLS) news release . As the 2022 rate indicated, private sector union membership continues to decline since the peak in the 1950s. Organizing activity continued to inc

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The National Labor Relations Board’s General Counsel provided guidance on the “reinstated” expedited election rules governing union representation procedures. Memorandum GC 24-02 .

The Supreme Court will hear oral arguments on two cases challenging the deference given to federal agencies’ interpretations of statutes they are charged with enforcing. If Chevron is overruled or pared back, federal agencies enforcing labor and employment laws will likely face more challenges

The National Labor Relations Board’s new final rule for determining joint-employer status under the National Labor Relations Act would find joint-employer status if one employer possesses the authority to control at least one of the seven enumerated essential terms and conditions of employment, rega

The National Labor Relations Board has announced that the effective date of its new “joint employer” final rule is postponed by two months. The announcement coincides with several legal challenges to the rule, previously scheduled to become effective on Dec. 26, 2023. The extended effective date is

On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act (the “Act”). Lomax v. Longmont United Hospital , No. 23-cv-02297, ECF No. 40 (D. Colo. Nov. 16, 2023).

The National Labor Relations Board delayed the effective date for its new joint-employer rule from Dec. 26, 2023, to Feb. 26, 2024.