March 14, 2022

NLRB Sets Course for Greater Organizing by Employees

In an article for NJBIZ, labor and employment partner Matthew Fontana discusses how the Biden National Labor Relations Board (NLRB) is likely to dramatically alter the legal landscape surrounding union organizing and bargaining and how it’s important for New Jersey employers to understand these changes and be prepared to meet them.

Fontana highlights that the Biden NLRB will likely endorse changes to current NLRB rules and precedent to make it easier for independent contractors to be classified as employees (and therefore able to be organized), allow for smaller groups of employees to organize and make it easier for unions to establish that companies are joint employers. He notes that these potential changes are particularly salient for New Jersey employers given the uptick in union organizing activity across the state.

Fontana outlines the specifics of the expected changes, such as how the Biden NLRB is looking to change the standards governing the appropriate size of bargaining units and how the NLRB will likely return to the joint-employer test.

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