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NLRB Likely to Bring Back Micro-Units, a More Narrow Definition of Independent Contractor and a Broader Definition of Joint Employer

USA - January 20 2022 The pro-union majority of the National Labor Relations Board appears to be moving to fulfill President Joe Biden's campaign promises to make it…

Elizabeth Mincer

NLRB General Counsel Memo Reinstates Position That Certain College Athletes Are Statutory Employees Under the NLRA

USA - October 12 2021 In June, the Supreme Court of the United States issued its unanimous decision in NCAA v. Alston, holding that NCAA rules limiting certain…

Third Circuit Upholds National Labor Relations Board's Return to Pre-Obama Deferral Standard

USA - July 22 2021 Though a positive outcome for unionized employers, the broad deference that circuit courts apply to Board rules goes both ways. On July 8, 2021, the…

Eve I. Klein, Elizabeth Mincer

NLRB Restores Longstanding Standard for Disciplining Employees Prior to First Labor Contract

USA - June 30 2020 As an added boon to employers, the Board applied this rule retroactively to all pending cases in whatever stage. On June 23, 2020, the National Labor…

Bruce J. Kasten, Eve I. Klein, Elizabeth Mincer

NLRB Curbs Union Access to Public Spaces on Employer's Property

USA - June 27 2019 On June 14, 2019, in a 3-1 decision, the National Labor Relations Board (NLRB) reversed long-standing precedent regarding union access rights to…

Adam Keating