NLRA, Labor Law Violations

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

Littler on 7/25/2024

On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

The U.S. Supreme Court Overturned Chevron: What That Means for the NLRB

Jackson Lewis P.C. on 7/12/2024

The U.S. Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo and Relentless, Inc. v. Department of Commerce, Nos. 21-5166/22-1219, (June 28, 2024) overturning the Chevron doctrine left open the future...more

How the Chevron Decision Limits NLRB Influence

Stevens & Lee on 7/3/2024

In Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, the Supreme Court ended the Chevron Doctrine. While these cases did not directly involve the National Labor Relations Board (NLRB), they...more

An Opinion Is an Opinion, But an Opinion with a Threat Is a Threatening Opinion, and Threatening Opinions Are Unlawful Under the...

Bradley Arant Boult Cummings LLP on 5/14/2024

A National Labor Relations Board administrative law judge in San Francisco recently ruled that Amazon CEO Andy Jassy violated the National Labor Relations Act when he commented on labor unions through several media outlets....more

Sixth Circuit Panel Questions Board’s Emergency Pay Increase Ruling

Proskauer - Labor Relations Update on 5/14/2024

On May 9, 2024, the U.S. Court of Appeals for the Sixth Circuit heard oral argument regarding the National Labor Relations Board (“NLRB”) exception allowing an employer to unilaterally make decisions during an emergency. The...more

NLRB Finds GW Hospital Failed to Bargain in Good Faith in Reversal of Vacated Decision

Sheppard Mullin Richter & Hampton LLP on 5/14/2024

On May 8, 2024, the National Labor Relations Board (“Board”) issued a decision reversing a 2021 decision the Board previously vacated after former Board Member William Emanuel, who participated in the ruling, was found to...more

NLRB GC Provides Guidance to Regions on “Securing Full Remedies for All Victims of Unlawful Conduct”

Proskauer - Labor Relations Update on 4/18/2024

On April 8, 2024, National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo released a Memorandum providing guidance to Regional Directors, Officers-in-Charge, and Resident Officers concerning the GC’s...more

NLRB Holds That an Employer Cannot Prohibit Political Slogans on Company Uniform

Steptoe & Johnson PLLC on 3/4/2024

The National Labor Relations Board (NLRB or the Board) has ruled that a Home Depot employee engaged in protected concerted activity by wearing a Black Lives Matter (BLM) slogan on a company uniform. The Board found that...more

NLRB Rules Prohibiting Black Lives Matter Apparel is Labor Law Violation

Harris Beach PLLC on 3/4/2024

The National Labor Relations Board recently ruled that Home Depot USA, Inc. violated federal labor law when it prohibited an employee from wearing a work apron containing a handwritten reference to “Black Lives Matter.” This...more

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

Epstein Becker & Green on 12/15/2023

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

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

Littler on 12/13/2023

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

Concerns Over Cemex Bargaining Orders

Benesch on 11/27/2023

On August 25, 2023, the National Labor Relations Board (“NLRB”) decided Cemex Construction Materials Pacific, LLC, which lowered the threshold for the Board to issue a bargaining order rather than re-run an election when it...more

NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

Littler on 11/14/2023

The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The...more

Think Twice Before Closing the Shop Doors

Sheppard Mullin Richter & Hampton LLP on 10/31/2023

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

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

Burr & Forman on 9/26/2023

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Manufacturers Beware: New, Easier Union Representation Process

Robinson+Cole Manufacturing Law Blog on 9/18/2023

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including manufacturers, without a secret ballot election. The NLRB’s new standard (announced in Cemex Construction...more

Pair of Board Decisions Significantly Limit Employers’ Power to Act Unilaterally and Past Practice Defense

Sheppard Mullin Richter & Hampton LLP on 9/14/2023

On August 30, 2023, the National Labor Relations Board (the “Board”) released a pair of decisions: Wendt Corporation, 372 NLRB No. 135 (2023) and Tecnocap, LLC, 372NLRB No. 136 (2023), overruling different aspects of the 2017...more

Stericycle Brings Us Full Circle

Proskauer - Labor Relations Update on 8/4/2023

Late summer brings picnics, hiking, and general fun. It also brings a slew of NLRB decisions as the agency’s fiscal year comes to an end on September 30. One of the more highly-anticipated decisions concerns the lawfulness of...more

NLRB General Counsel: Noncompete Agreements Violate Federal Labor Law

Morgan Lewis on 6/7/2023

The US National Labor Relations Board’s (NLRB’s) general counsel issued guidance on May 30 announcing that noncompete provisions contained in many employment agreements violate the National Labor Relations Act unless narrowly...more

NLRB General Counsel Says Non-Compete Agreements Usually Violate U.S. Labor Law

Foley & Lardner LLP on 6/6/2023

The increasingly loud anti-non-compete chorus gained another voice last week. On May 30, 2023, the General Counsel of the National Labor Relations Board issued Memorandum GC-23-08 (“Memo”), in which she posits that the...more

NLRB General Counsel: Most Non-Compete Agreements Violate Federal Labor Law

Kilpatrick on 6/6/2023

Historically, non-compete agreements between employer and employee have been matters of state law. However, in recent years, federal agencies have commenced efforts to curtail their use. For example, the Federal Trade...more

Recent Decisions by the NLRB: Harsher Penalties for Employers Who Repeatedly Violate Labor Law, More Leniency for Worker Outbursts...

Franczek P.C. on 6/2/2023

As expected, in the last month the National Labor Relations Board has continued to issue decisions that reverse Trump-era precedents and expand the protections available to employees and unions. In Noah’s Ark Processors, LLC...more

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