National Labor Relations Board Decisions
September 7, 2023
Attorney Amy Royal was recently interviewed by Massachusetts Lawyers Weekly regarding the NLRB’s August 2, 2023 decision in Stericycle Inc. The decision set a new standard on the question of whether an employer’s work rule that does not expressly restrict employees’ protected concerted activity, as it pertains to their rights to unionize, under Section 7 of the NLRA is nevertheless unlawful under NLRA Section 8(a)(1).
2023 has been an interesting year as the NLRB appears to be setting a pattern of decision-making and new laws leaning heavily in favor of employee rights. Management-side attorneys should be prepared as more decisions come down the pipeline.
- On August 24, 2023, the NLRB finalized procedural changes that result in quicker union election processes.
- This is a restoration of the process that was adopted during the Obama administration, and which was eliminated in 2019. The new rule/process takes effect on December 26, 2023, and holds that elections must be held before any related litigation can be resolved.
- The very next day, on August 25, 2023, the NLRB issued a decision in the Cemex Construction Materials Pacific LLC matter. The decision essentially requires a company to bargain with a union without any formal election when the business has committed labor law violations.
- The NLRB found that employers may be ordered to bargain with unions, regardless of formal elections, unless they can prove a good faith doubt regarding whether there is a majority support for the union amongst the employees.
If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
Brandon Calton is now admitted to the United States District Court, Connecticut! The Royal Law Firm is passionate about expanding our reach so that we can better serve our clients and their needs. Brandon is admitted in Massachusetts, the United States District Court of Massachusetts, and the United States District Court of Connecticut.
On May 21, 2025, the U.S. District Court for the Western District of Louisiana struck down a provision in the Equal Employment Opportunity Commission’s (EEOC) final rule under the Pregnant Workers Fairness Act (PWFA), ruling that the agency exceeded its authority by requiring employers to accommodate elective abortions that are not medically necessary. Background Information: In June 2022, the U.S. Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and eliminated the constitutional right to abortion. Congress passed the Pregnant Workers Fairness Act in December 2022, and it became effective in June 2023. The law requires employers with 15 or more employees to provide reasonable accommodation to qualified applicants or employees who have physical or mental conditions related to pregnancy, childbirth, or related medical conditions, unless doing so would cause significant difficulty or expense for the employer. In April 2024, The EEOC issued its final interpretation of the PWFA including abortion in the definition of “pregnancy, childbirth, or other related medical conditions” thereby requiring employers to provide accommodations related to abortion. In May 2024, the states of Mississippi and Louisiana sued the EEOC, arguing that the interpretation conflicted with the U.S. Supreme Court’s Dobbs decision and their respective state laws on abortion. In June 2024, Judge Joseph found that the EEOC exceeded its authority and issued a preliminary injunction postponing the effective date of the interpretation to provide accommodation for elective abortions until final judgment was entered in this matter. The final judgment was entered on May 21, 2025, that remanded the matter to the EEOC to revise the final rule and all related implementing regulations and guidances. Employer Takeaways: While employers are no longer (as of now) REQUIRED to provide accommodation for elective abortions, the remainder of the PWFA remains in full effect The decision to have or not have an abortion remains protected under Title VII The PWFA does not supersede state or local laws providing greater protection for pregnant workers. It is important to stay up to date on state regulations to ensure employers are complying with state laws. While it is still unclear how this ruling will impact employers nationwide, it is still important to continue to stay up to date on ever-changing legislation. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
