News & Analysis as of

Administrative Law Judge (ALJ) Labor Law Violations

Littler

(Not So) Frozen in Time—Colorado District Court Enters Section 10(j) Order Preventing Hospital from Withholding Across-the-Board...

Littler on

On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act (the “Act”). Lomax v. Longmont...more

Sheppard Mullin Richter & Hampton LLP

Think Twice Before Closing the Shop Doors

In a recent 2-1 decision in Quickway Transportation, Inc., 372 NLRB No. 127 (2023), the National Labor Relations Board (the “Board”) reversed the Administrative Law Judge and ordered a trucking company to re-open its terminal...more

Franczek P.C.

National Labor Relations Board Files Complaint against NCAA over Status of College Athletes

Franczek P.C. on

On May 18, 2023, the National Labor Relations Board’s (NLRB) regional office in Los Angeles filed a complaint against the National Collegiate Athletic Association (NCAA), Pac-12 Conference, and the University of Southern...more

Venable LLP

NLRB Floods Noah's Ark Decision with Additional Remedies for Egregious Violators

Venable LLP on

On April 20, 2023, the National Labor Relations Board ("NLRB" or the "Board") issued a decision in Noah's Ark Processors, LLC d/b/a WR Reserve, 372 NLRB No. 80 (2023) in which it announced a non-exhaustive list of remedies...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Opens Door to Additional Remedies for Repeated Labor Violations

On April 20, 2023, the National Labor Relations Board (NLRB) imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations in the context of collective bargaining....more

Quarles & Brady LLP

Wisconsin Supreme Court Clarifies When a Conviction is Substantially Related to An Individual’s Employment

Quarles & Brady LLP on

In a case in which Quarles & Brady’s Bob Duffy and Lindsey Davis were honored to represent Cree, Inc. (“Cree”), on March 10, 2022 the Wisconsin Supreme Court provided long awaited and important guidance concerning when an...more

Sheppard Mullin Richter & Hampton LLP

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

Proskauer - Labor Relations Update

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

Ballard Spahr LLP

NLRB Revives Prior Standard on Arbitral Deference

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On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more

Seyfarth Shaw LLP

Employee’s Vulgar Comment To Manager During Staff Meeting Was Not Protected Under The NLRA

Seyfarth Shaw LLP on

The ALJ found that the employer did not violate the Act where it terminated an employee for using vulgar language during a staff meeting in efforts to undermine the general manager’s managerial authority....more

Seyfarth Shaw LLP

NLRB Finds Cocktail Waitress Was Illegally Fired For Voicing Workplace Complaints

Seyfarth Shaw LLP on

Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a cocktail bar waitress was illegally fired for voicing workplace concerns during a staff meeting....more

Seyfarth Shaw LLP

Second Circuit Denies NLRB’s Attempt to Issue Bargaining Order Against Novelis Corp.

Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 15, 2018, the Second Circuit Court of Appeals issued its decision in Novelis Corp., et al. v. NLRB, et al., upholding several unfair labor practices against Novelis Corp., but due to passage of...more

Proskauer - Labor Relations Update

NLRB: Employer’s Side Letter Explaining NLRB Notice Breached Settlement Agreement and Warranted Default Judgment

One of the fundamental pillars of any remedy doled out by the NLRB is the agency’s requirement that the employer (or union) post a “Notice to Employees,” a bright blue poster detailing the misdeeds of the charged party. Such...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Restricts Employers’ Ability to Reach Consent Settlement Agreements

In United States Postal Service, 364 NLRB No. 116 (August 27, 2016), the National Labor Relations Board (NLRB) overturned long-standing precedent by ruling that an administrative law judge (ALJ) may accept a proposed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The NLRB Fires a Shot Across the Bow of Federal Contractors

The National Labor Relations Board (NLRB) fired off some fireworks of its own just before the Fourth of July weekend. Specifically, the NLRB announced a new procedure to implement Executive Order 13673 Fair Pay and Safe...more

FordHarrison

Events Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations

FordHarrison on

On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In...more

Littler

Agencies Issue Proposed Rule, Guidance on Blacklisting Executive Order

Littler on

The federal agencies charged with implementing President Obama's July 31, 2014 Fair Pay and Safe Workplaces Executive Order have released their much-anticipated proposed rule on this directive. On May 27, 2015, the Department...more

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