On May 24, 2024, the Fifth Circuit vacated the NLRB’s order in Thryv but declined to weigh in on the accompanying new remedy. Read our analysis here.
The Fifth Circuit on Thryv
NLRB’s Expansive New “Joint Employer” Rule Struck Down by Texas Federal Court
Employers in the United States received a significant win on March 8, 2024, when a federal court in Texas struck down the National Labor Relations Board’s (“Board”) expansive new “joint employer” rule, and upheld the existing (and more employer-friendly) 2020 rule. This rule would have expanded the circumstances under which two businesses could be designated as “joint employers,” and that could have significantly altered the legal landscape attendant to various workplace relationships.
The Rise of Unions in Banking and Finance
Historically, the banking and finance industry has operated without much union interference. However, under the current guidance of Jennifer Abruzzo, General Counsel of the National Labor Relations Board (“Board”), the tides are turning toward unionization in sectors previously not considered ripe for union organizing, including banking and finance.
The Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today, Part II
- Employees who are frustrated with their union representative may be stymied by the complex decertification process, and the
The Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today, Part I
- In 2022 there were approximately 1,700 petitions for election filed before the NLRB, and about 300 of these were filed by employees to decertify their bargaining
Employers Have New Obligations when the Union Demands Voluntary Recognition
Under a typical election scenario, a union files an election petition with the Board’s Regional Office, along with a “showing of interest” demonstrating enough employee support (at least 30% of the unit described in the petition) to justify an election. The union also serves the petition on the employer, along with a description of Board procedures, informing parties of their rights and obligations in the process, and a “statement of position” form.
National Labor Relations Board Overrules Boeing With Strict Scrutiny of Handbook Rules
On August 2, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued its anticipated ruling in Stericycle, Inc., reversing the Trump-era Boeing decision that famously implemented a three-category test for balancing whether workplace rules unlawfully interfered with employees’ rights to engage in “protected concerted activity” under Section 7 of the National Labor Relations Act (“NLRA” or the “Act”).
NLRB Provides Employees Extra Leeway to Use Offensive Language
On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers and United Steelworkers, making it more difficult for employers to discipline employees for outbursts and similar misconduct while employees are engaged in protected concerted activity under Section 7 of the National Labor Relations Act (the “Act”).
Healthcare Minimum Staffing Levels Pursuant To State And Federal Guidelines On The Horizon
As time has passed, nurses throughout the country have been pushing for legislation similar to what was passed in California, mandating minimum staffing requirements.
NLRB May Soon Expand Jurisdiction Over Educational Institutions with Religious Affiliations
It is not often that the National Labor Relations Board (the “Board”) gives employers a heads-up before it makes broad, and often burdensome, changes, but a recently issued ALJ decision might be the exception to the rule. Earlier this year, an Administrative Law Judge issued a decision in Saint Leo University, Inc., 12-CA-275612 (2023) reinforcing how the National Labor Relations Act (the “Act”) is applied to religious educational institutions, however, the briefing in the case indicated how that application might change in the near future.