Posts tagged Biden-era Labor Department rule
Sixth Circuit Dumps NLRB’s Cemex Ruling to Police Elections
March 9, 2026 // Beyond negating Cemex in the Sixth Circuit, the court’s decision strikes a blow at the NLRB’s fundamental authority to set national labor policy through individual case rulings. While the board is expected to overturn Cemex after its Republican majority gets a crucial third member, the current members recently emphasized their preference for setting policy through case adjudication rather than rarely used rulemaking power. Under Cemex, the NLRB can impose a bargaining order when an employer that was presented with a valid demand for union recognition commits unfair labor practices in the runup to a vote.
‘We Are Hopeful’ Q&A with Patrice Onwuka and Kim Kavin
January 24, 2025 // Congress should consider enshrining the Trump-era definition for independent contractors, and/or consider ways to get ahead of the opposition to flexible work. The Employee Rights Act was a federal bill that, among many pro-worker provisions, sought to protect independent contractors as a counter to a national ABC Test in the now-defunct Protecting the Right to Organize Act. Portable benefits also provide a pathway for companies to provide independent contractors with workplace benefits without triggering a reclassification.