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
6/19/2024
/ Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Disputes ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
SCOTUS ,
Starbucks ,
Union Organizers ,
Unions
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
10/30/2023
/ Collective Bargaining ,
Employer Liability Issues ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Unfair Labor Practices ,
Unions
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
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
6/27/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Labor Regulations ,
New Legislation ,
New York ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Bans ,
State Labor Laws ,
State Legislatures
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
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
1/6/2023
/ Biden Administration ,
Competition ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Independent Contractors ,
New Legislation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
U.S. Treasury
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
3/29/2022
/ ABC Test ,
Business Litigation ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Franchisee ,
Franchisors ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws
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
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
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
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
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