A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more
7/31/2024
/ Administrative Law Judge (ALJ) ,
Ambiguous ,
Chevron Deference ,
Employer Liability Issues ,
Employment Litigation ,
Government Agencies ,
Labor Disputes ,
Loper Bright Enterprises v Raimondo ,
NLRA ,
NLRB ,
SCOTUS ,
SpaceX ,
Statutory Interpretation ,
Unconstitutional Condition ,
Unions
As we previously reported here, at the beginning of 2023, the Supreme Court heard oral argument on one of the most anticipated labor cases on the high court’s docket in decades to address whether the National Labor Relations...more
The new year begins with one of the most anticipated labor cases on the high court’s docket in decades. On January 10, 2023, the U.S. Supreme Court heard oral argument in Glacier Northwest, Inc. v. International Brotherhood...more
In contravention of decades-old precedent, employers may be required to recognize unions without a secret ballot election, thereby denying employers the opportunity to protect the private choice of their employees. The...more
When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more
11/20/2020
/ Agricultural Sector ,
Agricultural Workers ,
Business & Professions Code ,
Cannabis Products ,
Constitutional Challenges ,
Corporate Counsel ,
Employer Liability Issues ,
Fifth Amendment ,
Marijuana Cultivation ,
NLRA ,
NLRB ,
Private Property ,
Public Sector Unions ,
Right-To-Access ,
SCOTUS ,
State and Local Government ,
Takings Clause ,
Trespass ,
Unions
On July 8, 2020, the Supreme Court gave religious employers wide leeway to hire and fire employees whose duties include religious instruction without having to worry about employment discrimination suits. In a 7-to-2...more
7/13/2020
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Reversal ,
SCOTUS ,
Teachers
On June 10, the National Labor Relations Board (NLRB or Board) issued Bethany College, 369 NLRB No. 98, in which it held that it does not have jurisdiction over matters concerning teachers or faculty at bona fide religious...more
In a decision issued on Tuesday, December 9, 2014, the United States Supreme Court ruled that employees are not entitled to compensation under the federal Fair Labor Standards Act (“FLSA”) for the time they spend waiting to...more