On July 5, 2024, in Hospital de la Concepcion v. NLRB, the D.C. Circuit was the first federal appeals court to weigh in on deference afforded to the National Labor Relations Board (“NLRB”) in the wake of the landmark U.S....more
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
On September 6, New York State Governor Kathy Hochul signed into law (A6604 / S4982) a bill banning businesses from requiring employees to attend meetings or listen to communications where the “primary purpose” of such...more
9/12/2023
/ Damages ,
Equitable Relief ,
General Meetings ,
New York ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Penalties ,
Political Speech ,
Religious Beliefs ,
State Labor Laws ,
Unions
A slew of decisions that were pending before the National Labor Relations Board (“NLRB” or the “Board”) have been issued at the end of August, coming at the close of Member Wilcox’s term. In American Federation for Children,...more
Thursday, the NLRB issued a notice to rescind four provisions from the Board’s Rules and Regulations contained in its Final Rule published in December 2019 (the “2019 rule”). The Board’s notice rescinding all four provisions,...more
On Monday, the Board voted 3-1 to solicit public briefing on whether it should overrule the Johnnie’s Poultry Co., 146 NLRB 770 (1964) safeguards employees must receive if they are questioned by employers about their own or...more
On June 5, 2020, the NLRB held, in Teamsters Local Union No. 735-S (Bemis Co., Inc.), 369 NLRB No. 97, that union officials’ retaliatory actions against members who participated in an investigation resulting in the discharge...more
6/10/2020
/ Administrative Law Judge (ALJ) ,
Bargaining Units ,
Burden-Shifting ,
Bylaws ,
Corporate Counsel ,
Disciplinary Proceedings ,
Employment Litigation ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Activity ,
Section 7 ,
Unions
On Sunday, we reported on an eleventh-hour district court order striking down large portions of the NLRB’s new representation election rules that were set to go into effect on May 31, 2020. The district court order held...more
On April 14, 2020, Governor Phil Murphy signed into law two amendments to the New Jersey WARN Act (the “NJ WARN Act” or the “Act”) that alleviate some of the burdens the Act and certain pending amendments placed on New...more
The NLRB continues to issue decisions on a variety of interesting issues. On October 10, the Board held, in LA Specialty Produce Co., 368 NLRB No. 93 (Oct. 10, 2019), that an employer’s strong confidentiality protections and...more
On February 4, the NLRB granted United Federation of Teachers, Local 2, AFT, AFL-CIO’s (the “Union”) request for review of the Regional Director’s Decision and Direction of Election concerning a decertification petition filed...more
On September 6, 2018, the SEC Office of the Whistleblower awarded $39 million to one whistleblower and $15 million to another. The $39 million award is the second-largest award in the history of the program, behind a $50...more