D.C. Court Slows the NLRB’s Departure from “Quickie Election” Rules; NLRB Implements New Rules Unaffected by Order

On May 30, 2020, a U.S. District Court in Washington, D.C. issued an eleventh-hour decision preventing the National Labor Relations Board (NLRB) from implementing several substantive portions of the NLRB’s new union election rules. Promulgated via rulemaking in December 2019, the NLRB planned to implement the new rules on May 31, 2020 after postponing the original enactment by over a month. Nevertheless, the NLRB has announced that it will implement the portions of new rules deemed procedural by the Court.

For the full alert, visit the Faegre Drinker website.

NLRB Finalizes Significant Changes to Union Election Procedures

On April 1, 2020, the National Labor Relations Board finalized and enacted several significant changes to union election procedures. These changes, which largely target procedures that unions have used to maintain or implement union representation despite opposition from employees, will take effect early this summer.

For the full alert, visit the Faegre Drinker website.

No More “Quickie Elections”: NLRB’s New Election Procedures Delayed Until May 31

Beginning May 31, 2020, the time from petition to union election is slated to double, creating new opportunities for employers. The National Labor Relations Board has issued several important changes related to how it will process union certification and decertification elections. These changes include a relaxation of the timelines that guide union elections and an expansion of parties’ rights that could further lengthen the timeline.

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NLRB Tightens Standard for Joint Employer Status

A business is a joint employer of another employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, according to a recently unveiled and long-awaited final rule from the National Labor Relations Board (NLRB) that will take effect on April 27, 2020. By tightening the legal test the NLRB uses to determine whether workers are jointly employed by affiliate businesses, including franchisors and franchisees, the rule provides welcomed clarity for franchisors, and will allow them to provide more operational support and guidance to franchisees.

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Justice Gorsuch Casts Deciding Vote Rejecting NLRB’s Prohibition on Class Action Waivers

In a long-awaited decision, the United States Supreme Court, by a 5-to-4 vote, overturned the National Labor Relations Board’s (the “Board”) ruling that class action waivers violate the National Labor Relations Act (NLRA) because they interfere with the right to engage in “protected activity,” which, according to the Board, includes the ability to bring class or collective actions. Epic Sys. Corp. v. Lewis, No. 16-0285, 2018 WL 2292444, at *23 (U.S. May 21, 2018).

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Part 13 of “The Restricting Covenant” Series: The NLRB, NLRA and Non-Competes

The acronyms “NLRB” or “NLRA” rarely appear in articles about enforcement of private sector non-compete agreements. Until recently. Dun dun dun! (Que the “dramatic gopher video” on YouTube).

In this thirteenth article of “The Restricting Covenant” series, I discuss two cases in which the National Labor Relations Board (“NLRB”) determined that an employer’s enforcement of non-compete and non-solicitation agreements violated Section 8(a) of the National Labor Relations Act (“NLRA”). Section 8(a) makes it an unfair labor practice for an employer to maintain workplace rules that would reasonably tend to chill employees in exercising their Section 7 rights to engage in or refrain from concerted activities protected under the NLRA.

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