On June 28, 2024 the Supreme Court overruled the 40-year-old landmark ruling known as Chevron, a doctrine of administrative law that has until now required courts to defer to federal agencies’ interpretations of ambiguous...more
7/10/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Moss Act ,
NLRB ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Subject Matter Experts (SMEs) ,
Unions
On June 13 the U.S. Supreme Court heightened the standard a court must apply to an NLRB request for a preliminary injunction against an employer accused of violating federal labor law....more
Expressing palpable frustration with an employer that committed many unfair labor practice charges after a union filed an election petition, and acknowledging the lack of serious disincentives to engage in unlawful behavior...more
On August 2, 2023, the NLRB further limited employers’ flexibility in designing work rules by holding that all work rules will be reviewed on a case-by-case basis, and no work rules will get an automatic pass....more
On June 13, 2023, in a 3-1 decision, the NLRB overruled its own 2019 decision in SuperShuttle DFW and returned to the test of statutory employee status in its 2014 FedEx II decision which it terms carefully calibrated. In...more
8/4/2023
/ Biden Administration ,
Darden Test ,
Employee Definition ,
Employer Liability Issues ,
Entrepreneurs ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
NLRA ,
NLRB
Challenges to non-competes by the federal government continue unabated under the Biden Administration. In the latest effort by the federal government to curtail the use of non-competes, which are traditionally governed by...more
6/2/2023
/ Confidential Information ,
Employment Contract ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Low-Wage Workers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Proprietary Information ,
Restrictive Covenants ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
The recent, temporary Republican majority at the NLRB brought several important changes to Board decisions issued during the Obama Administration. In early December Republican appointees of President Trump briefly held a...more
On August 27, 2015, in a long-awaited and 3-2 decision, the National Labor Relations Board announced a new, lowered standard for determining whether a business is a joint employer of a work force hired by a separate employer...more
9/1/2015
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Joint Employers ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Teamsters ,
Temporary Employees ,
Unions
In a unanimous decision issued June 26, 2014, the Supreme Court ruled that President Obama’s three so-called recess appointments to the National Labor Relations Board in January 2012 were unconstitutional and invalidated the...more
In a 3-0 decision on January 25, the D.C. Circuit Court of Appeals held that a Board decision issued on February 8, 2012 was invalid because the Board failed to consist of a quorum of three validly appointed members....more