As commercial space activity grows, courts are applying wage-and-hour, labor, and termination laws to private space employers without special exemptions.
Continue Reading Employment Law Beyond Earth: Emerging Trends in the Space Workforce
Labor Policy Pendulum Swings Again: New Federal Rules Reshape Joint-Employer and Independent Contractor Standards
Some employers that rely on staffing arrangements, franchise relationships, or independent contractors may see meaningful shifts in federal labor policy because of a pair of federal agency rulemaking announcements released in February 2026.
Continue Reading Labor Policy Pendulum Swings Again: New Federal Rules Reshape Joint-Employer and Independent Contractor Standards
NLRB Announces Expanded Joint-Employer Standard
On Oct. 26, 2023, the National Labor Relations Board (NLRB) announced its Final Rule on the joint-employer standard under the National Labor Relations Act (NLRA), which will take effect Dec. 26, 2023, and apply to cases filed after the effective date.
Sept. 28 WEBINAR | Historic NLRB Ruling Gives Workers Path to Unionize Without Having to Vote
Please join GT Labor & Employment Practice Shareholders Jonathan Sulds and Justin Keith Thursday, Sept. 28 at 12 p.m. ET in for a webinar following the National Labor Relations Board’s (NLRB) Aug. 24 decision and new rules that provide workers a path to unionize without holding a vote. The presenters will cover this significant change
NLRB Creates New Election Standard
Overturning five decades of precedent, the National Labor Relations Board (NLRB or the Board) in Cemex Construction Materials Pacific (372 NLRB No. 130) adopted a new election standard on two key fronts: (1) how may an employer respond to a union’s claim of majority support; and (2) when are employers subject to a
NLRB Reverts to Heightened Legal Standard in Reviewing Employee Handbook Policies
In a trail of decisions turning back the clock to precedent under the Clinton-era Board, the National Labor Relations Board (NLRB) has reversed the standard of review for employee handbook policies. The new rule applies retroactively.
NY Legislature Passes Legislation Banning Employer Use of Noncompete Agreements; NYC, FTC Actions Pending; NLRB General Counsel Memorandum
In New York state, both houses of the Legislature have passed S.3100A/A.1278-B, which would add a new section 191-d to the Labor Law prohibiting “non-compete agreements and certain restrictive covenants.” The bill awaits the Governor’s signature. Thus, whether, and to what extent, restrictive covenants in the employment context will continue to be enforceable in New
NLRB Signals Challenge to Noncompete Agreements for Non-Supervisory Workers
On May 30, 2023, the General Counsel (GC) of the National Labor Relations Board (NLRB) took a step toward the federal regulation of employee noncompetition agreements. The GC published a memorandum (the Memo) in which she expressed her opinion that “the proffer, maintenance, and enforcement of such agreements violate Section 8(a)(1)” of the National Labor
NLRB Rules Broad – Yet Common – Confidentiality and Non-Disparagement Provisions in Severance Agreements Are Unlawful
On Feb. 21, the National Labor Relations Board (NLRB) ruled that severance agreements with broad – yet common – confidentiality and non-disparagement provisions are unlawful. Employers routinely include confidentiality and non-disparagement provisions in separation or severance agreements that generally prohibit a departing employee from disclosing the terms of the agreement or disparaging the company in
NLRB Proposes New Joint-Employer Standard
On Sept. 6, 2022, the National Labor Relations Board released a Notice of Proposed Rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. The Board proposes rescinding and replacing the narrower joint-employer rule that took effect under the Trump administration Board April 27, 2020, with the broader Obama-era standard of