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  • Top Five Labor Law Developments for January 2023 - Jackson Lewis

Top Five Labor Law Developments for January 2023 - Jackson Lewis

Mon, Feb 13, 2023 17:07 ET
in Press Release

  1. More than 220,000 workers participated in over 300 total work stoppages in 2022, according to a Bloomberg Law report. The number of strikes is the highest recorded in 17 years. While the majority of work stoppages involved the retail industry, more than 100 strikes were attributed to coffee shops. The education industry also was affected heavily by work stoppages, as graduate student-workers, resident assistants, and teaching assistants nationwide struck to improve pay and working conditions. The year 2022 also witnessed an uptick in representation petitions and unfair labor practice charges.
  1. The U.S. Court of Appeals for the D.C. Circuit affirmed a ruling that blocked parts of the Trump National Labor Relations Board’s election procedure rulemaking. AFL-CIO v. NLRB, No. 20-5223 (D.C. Cir. Jan. 17, 2023). The Trump Board’s amendments were mostly aimed at reforming the controversial Obama-era “quickie election” rules. In May 2020, then-U.S. District Court Judge Ketanji Brown Jackson — now a U.S. Supreme Court justice — enjoined parts of the rule, finding that five of the provisions were unlawfully promulgated. However, the D.C. Circuit only partially affirmed the district court, finding two of the challenged provisions regarding pre-election litigation and pre-election employee communication fell within the procedural exemption provision and did not need to go through the notice-and-comment period. The D.C. Circuit affirmed Judge Jackson’s decision to block the other...


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