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The National Labor Relations Board Loses Deference in Pursuit of Preliminary Injunctions

On June 13, 2024, the Supreme Court resolved a long-standing split among circuit courts when it issued a ruling in a high-profile labor dispute between Starbucks and the NLRB. The case originated in Memphis, Tennessee, where,...more

NLRB Announces Broadened Standard for Determining Joint-Employer Status

On October 27, 2023, the National Labor Relations Board (NLRB) published a final rule that establishes a new standard for determining whether two or more employers, as defined by the National Labor Relations Act, may be...more

NLRB Upends 50 Years of Precedent, Narrows Employer Options for Secret Ballot Elections in Union Organizing Campaigns

On August 25, 2023, the National Labor Relations Board (NLRB) issued a decision that significantly narrows employers’ options in contesting union organizing efforts through secret ballot elections. The case, Cemex...more

New York May Soon Ban Use of Non-Compete Agreements

On June 20, 2023, the New York State Assembly passed bill A01278 (the “Bill”), which, if it goes into effect, will ban the use of new employee non-compete agreements in New York. The New York State Senate already passed the...more

NLRB’s General Counsel Takes Aim at Employee Non-Competes in Recent Memo

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued a memo explaining her view that, except in limited circumstances, employee non-competition agreements violate the Act. While the memo only reflects General Counsel...more

FTC Proposes Rule Eliminating Non-Compete Agreements Nationwide

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule banning non-compete agreements. The 218-page notice of proposed rulemaking details the FTC’s position on the value (or lack thereof) of...more

Massachusetts Supreme Judicial Court Rules that Independent Contractor Test Applies to Franchisees

On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled in Patel v. 7-Eleven that the test for independent contractor status set forth in the Massachusetts independent contractor statute applies to the...more

President Biden Takes First Step to Limit NonCompete Agreements Nationally

President Biden promised during his campaign that if elected he would take federal action against non-competition agreements. On July 9, 2021, Biden issued a broad executive order aimed at making good on that promise. He...more

EEOC Nixes Antibody Testing, Addresses Other Return to Work Issues

As businesses across the country move toward re-opening in the midst of the COVID-19 pandemic, the Equal Employment Opportunity Commission (“EEOC”) continues to provide updates to its guidance to employers relating to...more

NLRB Announces New Union Election Procedures

In 2014, the Obama-era National Labor Relations Board made over two dozen changes to the union election rules that effectively shortened the time period between the filing of the petition and the election and limited the...more

NLRB Adopts "Contract Coverage" Standard

New Ruling Makes It Easier for Employers to Introduce Workplace Changes During Term of Collective Bargaining Agreement - On September 10, 2019, in MV Transportation, Inc., Case No. 28-CA-173726, the National Labor...more

Employers May Be Able to Limit Treble Damages for Violations of the Massachusetts Wage Act

The Massachusetts Wage Act automatically entitles an employee who proves an unlawful failure to pay wages to treble damages. On June 18, 2015, however, a Massachusetts Superior Court judge ruled in Littlefield v. Adcole...more

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