On May 24, 2024, in Thryv, Inc. v. NLRB, No. 23-60132,  (5th Cir. May 24, 2024), a unanimous three judge panel for the Fifth Circuit Court of Appeals vacated a National Labor Relations Board order finding that the Employer violated the Act when it laid off employees pursuant to the terms of a last best final offer while the parties were bargaining for a successor contract. However, the court declined to rule on whether the Board had authority to issue its new consequential damages remedy – a primary reason this case was being closely watched as it moved through the appeal process.   Continue Reading Consequential? – Fifth Circuit Decision Vacates NLRB Order but Leaves Open Key Remedy Question

On June 13, 2023, the National Labor Relations Board (NLRB) issued its decision in Atlanta Opera, overruling the Trump-era SuperShuttle DFW, Inc. standard and reverting back to the Obama-era FedEx Home Delivery (FedEx II) standard. Such a shift makes it more difficult for employers to prove workers are independent contractors, thereby giving National Labor Relations Act protections to a broader range of workers and making it easier for workers to organize a union.Continue Reading NLRB Modifies Independent Contractor Test in Atlanta Opera Decision