After years of battles within the state over ride-share driver classification issues, California is redrawing the map of gig-economy labor relations – a measure that would, for the first time in the state, give unions a path to organize rideshare drivers. California Governor Gavin Newsom is framing the bill as
Trump Appoints New NLRB GC, Subject to Senate Confirmation
President Trump has nominated Crystal Carey to serve as the next National Labor Relations Board General Counsel. The appointment is subject to Senate confirmation. If confirmed, Ms. Carey would replace the current Acting General Counsel William B. Cowen, former Regional Director in the NLRB’s Los Angeles Regional Office.
The position
U.S. Chamber Strikes Back At NLRB Joint-Employer Rule
UPDATE: The National Labor Relations Board has extended the effective date of the new joint-employer rule to February 26, 2024.
On November 9, 2023, the United States Chamber of Commerce (“Chamber”) and a coalition of business groups filed suit in the Eastern District Court of Texas against the National Labor
What A Week…NLRB Unleashes Slew Of Preceding-Shifting Decisions And Paves The Way For Increased Unionization
The National Labor Relations Board (“NLRB” or “Board”) engaged in a pre-Labor Day frenzy that coincided with the conclusion of Member Gywnne Wilcox’s 3-year term. Labor Relations Update has been at the forefront of keeping pace with this abrupt series of precedent reversals, providing summaries and analyses of these impactful
Here We Go Again: Board Resurrects “Quickie” Election Rules
With over 58,000 workers reportedly unionizing so far in 2023 and the number of representation petitions on the rise, it comes as no surprise that the National Labor Relations Board (“NLRB” or the “Board”) continues to make changes to expedite the unionization process.
Specifically, in a recent rule published
No Limits: Non-Compete Agreements Next Up on NLRB General Counsel Chopping Block
Following the National Labor Relations Board’s (“NLRB”) highly-controversial decision in McLaren Macomb declaring most confidentiality and non-disparagement clauses in separation agreements to be unlawful, General Counsel Abruzzo this week declared her intention to seek to invalidate nearly all post-employment non-compete agreements, in a memorandum stating her prosecutorial position that
Drafter Beware: NLRB Finds That Employers Who Offer Severance Agreements With Broad Non-Disparagement or Confidentiality Restrictions Violate The NLRA
The National Labor Relations Board (“Board”) issued a ruling on February 21, 2023, in McLaren Macomb, 372 NLRB No. 58 (2023), which in effect finds broad confidentiality and non-disparagement clauses in severance agreements violate Section 8(a)(1) of the National Labor Relations Act (“Act”).
The decision applies to all employers
Board Updates Considerations For When Regional Directors May Order Mail-Ballot Elections
A significant change to the manner in which representation elections have been conducted during the COVID-19 pandemic is the increased frequency of mail-ballot elections – whereas, previously, such elections were extremely rare. As circumstances regarding the pandemic have improved, there has been a greater shift to returning to in-person vote