Posts tagged Biden era
Labor Board Dumps Biden-Era Framework for Offensive Conduct
September 29, 2026 // The decision hands employers a major win by effectively wiping the controversial Lion Elastomers ruling off the books and reinstating General Motors’ more employer-friendly framework for deciding when worker language or conduct is so egregious that it loses the protection of the National Labor Relations Act. It shows the impact of new member James Macy giving the Republican majority the third member it needed to change board law. General Motors calls for the well-worn Wright Line standard, frequently used to determine whether a worker’s rights have been violated, to be the test for analyzing worker outbursts during activities otherwise shielded by the NLRA.
Commentary: Finally, it’s time for the Trump NLRB to go on offense
September 21, 2026 // The Cemex decision was legally problematic, and the precedent the Biden NLRB has set was challenged in federal courts. But now, Carey has targeted the Cemex decision for reversal, arguing the decision is “contrary to Supreme Court precedent and sound labor policy.” As labor policy expert Vinnie Vernuccio of the Institute for the American Worker explains: Her [Carey’s] brief notes that the Biden-era board ignored “the significant impact its decision had on worker free choice,” which she rightly calls a “backbone” of federal labor law. The General Counsel’s ultimate point could hardly be clearer or more pro-worker: “The right of employees to vote in a secret ballot election, free from coercion and from an informed position, once meant something — it should again.”
NLRB official says Stanford residential advisers can unionize
September 16, 2026 // A National Labor Relations Board official has ruled that student residential advisers at Stanford University are the school's employees and can vote on whether to join a union, teeing up review by the board on the novel issue. Regional Director Christy Kwon in Oakland said in the decision, opens new tab released on Saturday that more than 430 "residential student leaders" perform services under the control of Stanford for which they are compensated, making them employees under federal labor law.
National Right to Work Foundation Files Brief in Case to Overturn Anti-Worker Biden-Era Labor Board Decision
September 13, 2026 // NLRB’s Cemex precedent conflicts with federal law, wrongly promotes abuse-prone ‘card check’ organizing to detriment of employee rights
Opinion: Biden made poor labor choices. I had a front-row seat.
September 5, 2026 // With three Republican votes, the NLRB is well positioned to address these — and many other — poor decisions that have exacerbated the board’s backlog. I know from experience that there will never be a quiet docket. But I also know that the number of open claims will shrink further if the board restores standards that are grounded in law and common sense. The NLRB already has the cases to overturn the board’s old rulings. It has the authority. Now it has the votes — and the duty to act.
Republicans And Union Allies Could Force Abortion On Christian Employers, Critics Warn
June 28, 2026 // The Senate version of the bill is sponsored by outspoken social conservative Senator Josh Hawley (R-MO) who says that the bill will help workers assert their rights against woke corporations. But according to the Christian Employers Alliance, the bill could have significant ramifications for religious workers and employees.
Whole Foods unionization upheld by U.S. Labor Board
June 16, 2026 // n a brief, unanimous order Monday, the members of the National Labor Relations Board ruled that Whole Foods had raised “no substantial issues warranting review.” The order was issued by a pair of Republican board members appointed by President Donald Trump, as well as a Democrat appointed by his predecessor Joe Biden. Employees at the Philadelphia location voted 130 to 100 in January 2025 to unionize with the United Food & Commercial Workers union.
Commentary: Short-Term Gains, Long-Term Harm: The Real Cost of Union Monopoly Power
May 22, 2026 // The Mercatus paper's survey findings cut against the union narrative in ways that should matter to anyone who follows labor policy. When asked directly, workers say they prefer unions that cooperate with management over unions that are more powerful but adversarial. They prefer having multiple options for representation rather than one organization with legal monopoly control over their workplace. And union progressive political activity and strikes, the two things union leadership most reliably prioritizes, are the only factors that consistently make workers less favorable toward organized labor.
DOL gets flexible on overtime
May 20, 2026 // In 2023, The Biden administration raised the income threshold from $35,500 to $44,000, and planned to increase it again to $59,000 annually by 2025. This was intended to expand the number of people receiving overtime. The administration’s union allies and labor-sympathetic lawmakers have long argued that companies abuse the exception by designating regular employees as managerial to get out of having to pay them overtime. Raising the threshold was meant to prevent this. This one-size-fits-all approach did not necessarily benefit all workers. The Biden rule would have limited employers’ ability to offer work weeks longer than 40 hours in exchange for other considerations, such as the ability to work from home or additional time off during other weeks.
DOL gets flexible on overtime
May 18, 2026 // The Fair Labor Standards Act (FLSA) requires that workers be paid time-and-a-half once a work week exceeds 40 hours. However, employers may exempt workers classified as managerial who meet a salary threshold. In 2023, The Biden administration raised the income threshold from $35,500 to $44,000, and planned to increase it again to $59,000 annually by 2025. This was intended to expand the number of people receiving overtime. The administration’s union allies and labor-sympathetic lawmakers have long argued that companies abuse the exception by designating regular employees as managerial to get out of having to pay them overtime. Raising the threshold was meant to prevent this. This one-size-fits-all approach did not necessarily benefit all workers.