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The National Labor Relations Board (NLRB)—the oldest “super agency,” created in 1935—is newly reconstituted and will be finding its way in an unprecedented setting and facing unprecedented challenges. Background President Trump, in an unprecedented move, fired Board Member Gwen Wilcox in January 2025, despite provisions in the National Labor Relations Act (NLRA) bestowing tenure protections […]
Political speech in the workplace has continued to be a hot topic since the 2024 elections. Political speech can be defined as an expression of political views, affiliation, or activities within a professional setting. One recent poll showed that a quarter of businesses have disciplined employees for their political speech. A recent case from the […]
The disarray at the National Labor Relations Board (NLRB), now with only one member and an acting general counsel (GC), has prompted states to start acting on their own to provide methods of resolving labor disputes that the Board is unable to address and also to provide paths to union organizing, particularly for “gig” workers […]
When President Donald J. Trump took the oath of office on January 20, two seats on the National Labor Relations Board (NLRB) were open. As a result, President Trump can immediately reshape the NLRB and alter its political leanings by appointing two Republican board members. Back in December, Senate Democrats had the opportunity to confirm […]
Most employees don’t spend a lot of time thinking about compliance issues, unless their job focuses on compliance or a related area. But it isn’t just the compliance, legal, and HR teams that need to be aware of and compliant with legal and compliance requirements applicable to the company. Every department, every team, and every […]
On November 13, 2024, the National Labor Relations Board (the “Board”) voted 3-1 (along party lines, with Member Kaplan dissenting) to prohibit so-called “captive audience” meetings. (Amazon.com Services LLC, Case No. 29-CA-280153, et. seq.) In doing so, the Board overturned 76 years of precedent that previously held such meetings lawful, beginning with the 1948 case […]
As reality television enthusiasts prepare for the Season 8 premiere of Netflix’s Love is Blind this Valentine’s Day, the show’s producers are navigating a recent National Labor Relations Board complaint that could lead to very real-world implications. In December 2024, the National Labor Relations Board (NLRB) filed a complaint against producers Kinetic Content and Delerium […]
A mostly unanimous U.S. Supreme Court has ruled that a National Labor Relations Board (NLRB) request for preliminary injunctive relief while unfair labor practice charges are pending is to be evaluated by the same standards as any other injunction request. The ruling in Starbucks v. McKinney rejected the Board’s position that its requests should be […]
July is the best month of the year. It’s warm everywhere, even in Chicago. I look forward to the al fresco dining, outdoor concerts, neighborhood block parties, cookouts with family, and the beach. And sharks. July seems to be synonymous with this apex predator. Whether it is because the movie Jaws took place over the Fourth of July or […]
The number of employer requests for union elections has exploded since the National Labor Relations Board (NLRB) adopted a new framework for representation last summer. In the six months following the NLRB’s release of its decision in Cemex Construction Materials Pacific, LLC, in August 2023, employers have submitted 254 union election petitions. In the six […]