A new California law is the latest litigation target of the National Labor Relations Board (“NLRB”). Signed into law in September, Assembly Bill 288 amended California labor law to allow the state’s labor board to certify unions and resolve labor disputes in the private sector when the NLRB “expressly or impliedly ceded jurisdiction.”
When, exactly
The National Labor Relations Act (“NLRA”) governs private sector labor relations in the United States. If there is a labor dispute between a private sector employer and an employee, then the National Labor Relations Board typically has jurisdiction – at least, that’s how it’s been until early September.
Recently, states have sought to challenge the
wo recent appellate arguments underscore the heightened judicial scrutiny facing the National Labor Relations Board (“NLRB”) following the Supreme Court’s decision last summer, Loper Bright Enterprises Inc v. Raimondo. While courts previously granted administrative agencies such as the NLRB deference in their decision making, also known as Chevron deference, under Loper Bright, that deference is no longer guaranteed. Since the decision, employers have been patiently waiting to see what impact, if any, that ruling will have on the actions of the NLRB.
Last week, two circuits heard arguments that may reshape employer obligations and highlight the new era of judicial scrutiny of NLRB action.
Continue Reading Limitations on the NLRB’s Power: Did Loper Bright Sound the Death Knell?
On May 23, 2025, a National Labor Relations Board (“NLRB”) administrative law judge held that a cannabis company violated the National Labor Relations Act (“NLRA”) by laying off store associates without bargaining the impact with their union, and by directly dealing with employees.
While the decision here is not novel, the fact that an administrative
Effective October 1, 2025, access to the Connecticut Family Medical Leave Act (“CT FMLA”) and Connecticut Paid Family Medical Leave Insurance (“CT Paid Leave”) will be expanded to include all non-certified school employees at both public schools and nonpublic elementary and secondary schools in Connecticut.
Under current law, CT FMLA and CT Paid Leave coverage
On June 4, 2025, embedded in an omnibus bonding bill, the Connecticut General Assembly amended the Connecticut Paid Sick Leave Act as it applies to certain employees of municipalities and boards of education. While the proposed text has passed both the Senate and the House, it will not go into effect until the Governor
On February 14, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, issued a memo (GC 25-05) that rescinds a long list of memos by the previous General Counsel, Jennifer Abruzzo. Although the memo does not offer any tangible guidance to employers, it likely foreshadows how the NLRB will approach certain
On Tuesday, December 10, 2024, the National Labor Relations Board (“the Board”) limited an employer’s right to make unilateral changes in the workplace, restoring one of “the oldest and most familiar doctrines” in labor law: the clear and unmistakable waiver standard.
An employer makes a unilateral change when it modifies certain conditions of employment (mandatory
On Monday, February 5, 2024, the Region 1 Regional Director of the National Labor Relations Board (“NLRB”) issued a Decision and Direction of Election that permits the Dartmouth College men’s basketball team to proceed forward with a union election.
The National Labor Relations Act (“NLRA”) grants expansive rights to employees of most private sector
On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a final rule (“Final Rule”) defining the term independent contractor under the Fair Labor Standards Act (“FLSA”), rescinding the previous definition of independent contractor outlined in 2021 (“2021 Rule”). The Final Rule establishes a six-factor test based on the economic reality of the worker