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#WorkforceWednesday® - SpaceX Victory: Court Questions NLRB's Constitutional Authority - Employment Law This Week® [Video]

This week, we’re examining a Texas court's recent decision that questions the constitutional authority of the National Labor Relations Board (NLRB): Last week, a Texas district judge challenged the constitutionality of the...more

Western District of Texas Says NLRB Structure Unconstitutional, Issues Injunction Preventing SpaceX Unfair Labor Practice Hearing...

In an action brought by Space Exploration Technologies Corporation, commonly known as SpaceX, a U.S. District Court Judge in the Western District of Texas, Waco Division, has declared that the structure of the National Labor...more

Chevron Is Overturned, but Stakeholders Need Not Worry

The Supreme Court’s June 28 decision to overrule the 40-year-old case of Chevron U.S.A. v. Natural Resources Defense Council should not be cause for alarm. ...more

Supreme Court Rules NLRB 10(j) Injunctions Must Meet Higher Preliminary Injunction Standard in Blow to NLRB

In Starbucks v. McKinney, the Supreme Court of the United States clarified the standard for injunctive relief under Section 10(j) of the National Labor Relations Act (NLRA or the “Act”)....more

SCOTUS Limits Availability of Injunctions in NLRB Unfair Labor Practice Cases - Employment Law This Week® [Video]

Today, we’re bringing you a special breaking news episode on the recent U.S. Supreme Court (SCOTUS) ruling in the Starbucks v. McKinney case, which effectively raises the standard for federal courts issuing injunctions under...more

OSHA’s New Walkaround Rule Potentially Grants Union Representatives Access to Safety Investigations

On Friday, March 29, 2024, the U.S. Occupational Safety and Health Administration (OSHA) issued a final rule, effective May 31, that permits non-employees to accompany and advise OSHA officials during workplace safety and...more

2023 Labor and Employment Highlights: Key Legal Developments, Trends, and Insights - Employment Law This Week® [Video]

In this special year-end episode, recorded live from our 42nd Annual Workforce Management Briefing in New York City, Epstein Becker Green attorneys discuss the biggest employment law trends and crucial workforce changes in...more

Fifth Circuit Redresses NLRB’s Tesla Decision but the Board Remains Undaunted

After a flurry of pro-employee National Labor Relations Board (“NLRB”) decisions, the Fifth Circuit gave employers a glimmer of hope, rejecting the Board’s recent rule issued in Tesla, Inc., 371 NLRB No. 131 (2022) that...more

#WorkforceWednesday: Navigating the NLRB’s New Joint-Employer Rule - Employment Law This Week® [Video]

This week, we’re elaborating on the National Labor Relations Board’s (NLRB’s) controversial joint-employer rule: The joint-employer rule published by the NLRB on October 26, expanded the definition of the rule in ways that...more

New York State Bans Workplace “Captive Audience” Meetings

On September 6, 2023, Governor Kathy Hochul signed into law Senate Bill 4982 and Assembly Bill 6604, which amends Section 201-D of the New York Labor Law to prohibit most employers from requiring non-managerial and...more

Answering a Major Question No One Asked: NLRB Issues Final Rule on Joint-Employer Status

On October 26, 2023, the National Labor Relations Board (NLRB or “Board”) issued its Final Rule (the “Rule”) on Joint-Employer status under the National Labor Relations Act (NLRA). Slated to take effect on December 26, 2023,...more

NLRB Issues Final Rule on Joint-Employer Status, Answering a Major Question No One Asked

On October 26, 2023, the National Labor Relations Board (NLRB or “Board”) issued its Final Rule (the “Rule”) on Joint-Employer status under the National Labor Relations Act (NLRA). Slated to take effect on December 26, 2023,...more

#WorkforceWednesday: How the NLRB’s Labor-Friendly Actions Are Affecting Union and Non-Union Employers - Employment Law This Week® [Video]

This week, we’re breaking down recent actions by the National Labor Relations Board (NLRB) that are impacting both union and non-union employers: The NLRB is continuing its labor-friendly push with increased protections for...more

NLRB Delivers Labor Day Gifts to Unions

It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

Insights into the NLRB’s Stericycle Decision and Its Implications for Employer Handbooks: Navigating Workplace Policy Compliance

On August 2, 2023, the National Labor Relations Board (“NLRB” or “Board”) announced a long-anticipated decision called Stericyle that will affect how employers craft, apply and enforce workplace policies, regardless of...more

Employer Handbooks and Policies Will Face More Scrutiny Under Stericycle, Inc. – NLRB Reverses a Prior Reversal

On August 2, 2023, the National Labor Relations Board (“NLRB” or “Board”) announced a long-anticipated Decision that will affect how employers craft, apply and enforce workplace policies in almost all workplaces, regardless...more

#WorkforceWednesday: NLRB General Counsel Issues Memo on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast [Video]

This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: On May 31, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo...more

Biden NLRB Reverts to Obama Era Independent Contractor Test: Test Previously Rejected by DC Circuit

Shocking few NLRB observers, the National Labor Relations Board (NLRB), in The Atlanta Opera, Inc., Case 10-RC-276292, a 3-1 decision issued June 13, 2023, announced its modified standard for analyzing whether  workers are...more

Supreme Court Recognizes Employer Right to Damages From Unions When Certain Types of Strike Activity Results in Economic Harm –...

Management-side attorneys and the businesses that they represent will be pleased with the Supreme Court’s holding in Glacier Northwest, Inc. v. International Brotherhood of Teamsters....more

NLRB General Counsel Now Targeting Noncompetes for Nonmanagerial and Nonsupervisory Employees

The National Labor Relations Board’s top lawyer, Jennifer Abruzzo, issued a General Counsel memo today instructing the Labor Board’s Regional Directors of her position that noncompete clauses for employees protected by the...more

New Jersey Creates Website to Provide Guidance for Recently Enacted Temporary Workers’ Bill of Rights

On May 8, 2023 the New Jersey Department of  Labor and Workforce Development (“NJDOL”) announced that it has created a web page to highlight key provisions and provide guidance for compliance with the recently enacted...more

Racist, Sexist, and Threatening Behavior Is Fine in the Workplace as Long as You Connect It to Union Activity: The Return of...

On Monday, the National Labor Relations Board (the “Board” or “NLRB”), with a majority of appointees by President Biden, i.e., “the Biden-Board,” reversed the short-lived General Motors LLC, 369 NLRB No. 127 (2020) decision...more

#WorkforceWednesday: NLRB Agenda Puts Pressure on Union and Non-Union Employers - Employment Law This Week® [Video]

This week, we examine how several recent pronouncements and actions by the National Labor Relations Board (NLRB) and its General Counsel’s office are creating new challenges for employers, both union and non-union: The NLRB...more

4/5/2023  /  NLRA , NLRB , Non-Union , Unions

NLRB GC’s McLaren Macomb Memo Provides Murky and Ominous Guidance on Board’s Prohibitions on Non-Disparagement and Non-Disclosure...

Approximately a month after the Board issued McLaren Macomb, 372 NLRB No. 58, which left employers scrambling to decipher its unclear impact on both unionized and non-unionized workplaces, Jennifer Abruzzo, the General...more

Non-Clarified – The NLRB GC’s McLaren Macomb Memo Provides Murky and Ominous Guidance on Board’s Prohibitions on Non-Disparagement...

Approximately a month after the Board issued McLaren Macomb, 372 NLRB No. 58, which left employers scrambling to decipher its unclear impact on both unionized and non-unionized workplaces, Jennifer Abruzzo, the General...more

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