On March 7, 2023, the Consumer Financial Protection Bureau (CFPB), the federal government agency charged with protecting consumers in the financial sector, and the National Labor Relations Board (NLRB), the federal government agency tasked with protecting private sector employees’ rights
Labor & Collective Bargaining
The Labor & Collective Bargaining blog published by Jackson Lewis P.C. focuses on issues related to union organizing, labor relations, and collective bargaining dynamics in the workplace. It covers developments in labor board activities, union election trends, and legislative changes affecting employer-employee communications during union campaigns. The blog also addresses legal challenges to labor regulations such as joint-employer rules and provides insights on union membership statistics across various industries. Employers are advised on strategies for managing employee relations, compliance with labor laws, and responding to union organizing efforts. The content is aimed at helping employers navigate the evolving landscape of labor law and collective bargaining.
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Private Sector Union Membership Rate Declines in 2022
The union membership rate among private sector workers fell to 6.0% in 2022, according to a U.S. Bureau of Labor Statistics (BLS) news release. This is down from 6.1% in 2021 and continues the overall decline since private sector…
College Athletes Closer to Being ‘Joint Employees’: NLRB Moves Case Against USC, the Pac-12, and NCAA
The fast-changing world of college athletics is about to collide with the ever-changing doctrine of joint employment.
In January 2022, on behalf of football and basketball athletes at the University of Southern California (USC), the National College Players Association (NCPA)…
NLRB Decision Grants Easier Property Access for Off-Duty Contract Workers
In a 3-2 decision, the National Labor Relations Board has reinstated its prior standard providing a more expansive right of off-duty contractor employees to access publicly accessible areas of the primary employer’s workplace for the purpose of engaging in organizing…
NLRB General Counsel Memo on Electronic Monitoring of Employees
Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace. The memo also directs NLRB Regions to submit to…
Top Five Labor Law Developments for September 2022
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NLRB Reminds Employers Importance of Applying Consistent Discipline Policies in Workplace
Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act by wrongfully terminating a union employee…
What Manufacturing and Other Employers Can Expect From Biden National Labor Relations Board
Through its decisions, the five-member National Labor Relations Board interprets the National Labor Relations Act. These decisions set rules that regulate unionized and non-unionized workplaces, including the relationship between employers and organized labor and the rights of employees to engage…
Labor Day 2022 Shows Union Activity at Highest Level in Decades
Labor Day 2022 comes at an optimistic time for U.S. labor unions. Prior to the COVID-19 pandemic, representation petitions and elections were declining steadily. However, National Labor Relations Board (NLRB) election filings have increased by 58% in the first nine…
California Court of Appeal Upholds Construction Industry CBA Exemption from PAGA
The California Court of Appeal for the Second Appellate District upheld the construction industry collective bargaining agreement exemption to the Private Attorneys General Act (PAGA) in Oswald v. Murray Plumbing and Heating Corporation.
Labor Code Section 2699.6
Under Labor Code section…