News & Analysis as of September 21, 2024

Successors

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

President Trump Issues Executive Order Loosening Constraints on Federal Government Contractors’ Workforce Options

Littler on 11/5/2019

Government contractors received a treat for Halloween, as President Trump issued an Executive Order on October 31, 2019 designed to ease the burden on successor contractors to federal service contracts and “to promote economy...more

It’s Perfectly Clear Once Again— NLRB Limits “Perfectly Clear” Successor Exception

Sheppard Mullin Richter & Hampton LLP on 4/10/2019

The circumstances under which an asset buyer has a duty to bargain with an incumbent union may be changing. In NLRB v. Burns Security Services, Inc., 406 U.S. 272 (1972), the Supreme Court held that an employer who purchases...more

NLRB Issues Decision Favorable to Successor Employers

Benesch on 4/8/2019

In a ruling that the Republican majority states will “save jobs and help struggling businesses survive,” the National Labor Relations Board issued a 3-1 decision on Tuesday April 2, 2019 limiting the circumstances under...more

Auto Manufacturer Pays Over $20 Million To Settle Union Dispute

Fisher Phillips on 11/3/2017

The National Labor Relations Board (NLRB) recently announced that it negotiated a $21.6 million settlement on behalf of the International Brotherhood of Teamsters to settle allegations that VIUSA, Inc. refused to hire a group...more

Spruce Up Survives, But a Successor's First Communication to a Predecessor's Employees is More Critical Than Ever

Littler on 9/12/2016

In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its 42-year-old decision in Spruce Up Corp., 209 NLRB 194, 195 (1974), enfd. per curiam...more

New York City Expands Law Governing Displaced Building Service Workers

Littler on 7/18/2016

Mayor Bill de Blasio recently signed a bill amending the New York City Displaced Building Service Workers Protection Act (“the Displaced Workers Act” or “the Act”), first enacted by the City Council in 2002. As originally...more

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