By: Jennifer L. Mora and Elliot Fink
On April 8, 2024, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 24-04, which builds on previous GC memoranda from 2021 and 2022 where General Counsel
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Texas District Court Invalidates the NLRB’s Joint Employer Rule
By: Danielle Shapiro
Seyfarth Synopsis: Last Friday, March 8, 2024, the United States District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (“NLRB”) 2023 Joint Employer rule (“2023 Rule”) finding that it was both
Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on New Organizing-Friendly Standard
By: Jennifer L. Mora and Elliot R. Fink
Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the applicability of
Sweeping AI Executive Order Has Labor Implications for Employers
By: John T. Ayers-Mann and Jennifer Mora
Seyfarth Synopsis: On October 30, 2023, the Biden Administration issued a sweeping order on artificial intelligence. Among its numerous provisions, the Order touches on several issues of interest to employers. For employers
The NLRB Issues a New Joint Employer Rule Providing that Indirect and/or Reserved Control of Essential Employment Terms is Sufficient to Establish a Joint-Employer Relationship
By: Joshua Ditelberg and Cary Burke
On October 26, 2023, the National Labor Relations Board published its newest Standard for Determining Joint Employer Status in the Federal Register, which becomes effective 60 days from publication. In many ways, the
We’ve Got a Test Case: The NLRB Files its First Complaint Challenging the Validity of Restrictive Covenants
By Alex Meier & Cary Reid Burke
The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a
NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees
By: Molly Gabel and Rachael Reed
On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National
Board Wipes Out Decades of Precedent with Card Check Requirements, Punts on Issuing “Captive Audience” Ban or New Rules About Employer Speech
By: Jamie Rich, Lisa Nichols, and Joe Vento
On August 25, 2023, the National Labor Relations Board (NLRB or Board) issued its much-anticipated Cemex decision, which has broad implications for union organizing. It handed unions a win with
The NLRB’s “Reasonable Employee” Definition Defies Common Sense: Time to Review Your Work Rules and Policies…Again.
By: Sul Ah Kim and Cary R. Burke
Earlier this week, the National Labor Relations Board (“NLRB” or “Board”) overturned established precedent and held that a facially neutral work rule is presumptively unlawful if a “reasonable” employee predisposed to engaging
Dressing Up the Standard In a New Wardrobe: NLRB Decision Spells Curtains for Trump Board Independent Contractor Test
By: Elliot Fink and Cary Burke
Seyfarth Synopsis: In The Atlanta Opera, 372 NLRB No. 95 (2023), the National Labor Relations Board overturned Trump-era precedent by modifying its independent contractor test and returning to the test announced by the Obama