On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed a pending appeal before the United States Court of Appeals for the Fifth Circuit, which sought to reverse a decision by the Eastern District of...more
The D.C. Circuit just issued a cautionary decision to employers trying to set “ground rules” in negotiations that limit the topics of bargaining. As we previously covered, in December 2022, the National Labor Relations Board...more
On July 16, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 24-05 to all field offices stating that the agency should continue “to aggressively seek...more
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
As we’ve discussed previously (see here and here), next up on the NLRB chopping block is whether non-compete agreements create a “chilling effect” on employees in the exercise of their Section 7 rights of the National Labor...more
On June 17, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued its first mandatory bargaining order to an employer after its momentous decision in Cemex Construction Materials Pacific, LLC last year. The NLRB...more
On Thursday, June 13, 2024, the U.S. House of Representatives Education and Workforce Committee held a hearing on H.R. 8534, entitled “The Protecting Student Athletes’ Economic Freedom Act” (“Act”). If passed, the Act would...more
On June 13, 2024, the U.S. Supreme Court dealt a blow to the National Labor Relations Board’s (“NLRB” or the “Board”) ability to seek injunctive relief during the pendency of an unfair labor practice proceeding. In a near...more
6/14/2024
/ Amazon ,
Appeals ,
Cease and Desist Orders ,
Certiorari ,
Employment Litigation ,
Injunctive Relief ,
NLRA ,
NLRB ,
SCOTUS ,
Starbucks Corp. v McKinney ,
Unfair Labor Practices ,
Wrongful Termination
As we’ve discussed previously (see here and here), the National Labor Relations Board (“NLRB”) has recently endeavored to work collaboratively with other federal agencies to combat workplace issues where multiple agencies may...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
We have reported extensively over the last few years regarding the many pro-labor decisions issued by the National Labor Relations Board (“NLRB”), which largely align with General Counsel (“GC”) Jennifer Abruzzo’s expansive...more
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
On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s...more
4/12/2024
/ Appeals ,
Arbitration ,
Bad Faith ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Injunctions ,
Meat Processing Plants ,
NLRA ,
NLRB ,
Subcontractors ,
Unions
Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce...more
4/1/2024
/ Administrative Law Judge (ALJ) ,
Appellate Courts ,
Corporate Counsel ,
EEO ,
Employee Handbooks ,
Employment Policies ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Surveillance ,
Unfair Labor Practices
On March 8, just three days before the National Labor Relations Board’s (the “Board”) new joint-employer standard was set to take effect, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas...more
The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more
2/23/2024
/ Administrative Law Judge (ALJ) ,
Black Lives Matter ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Activity ,
Race Relations ,
Section 7 ,
Uniforms
On January 5, 2024, the U.S. Court of Appeals for the Second Circuit, in Rest. Law Center, New York State Rest. Ass’n v. City of New York, et al., No. 22-491 (2nd Cir. 2024), held that a New York law protecting workers in the...more
Shortly after the New Year, on January 4, 2024, Space Exploration Technologies Corp.—or “SpaceX”—filed a complaint in the District Court for the Southern District of Texas alleging that an administrative complaint filed by...more
On November 9, 2023, the United States Chamber of Commerce (“Chamber”) and a coalition of business groups filed suit in the Eastern District Court of Texas against the National Labor Relations Board (“NLRB”), alleging the...more
As recently foreshadowed, the National Labor Relations Board (“NLRB” or “Board”) now appears poised to weigh in on whether noncompete agreements, even those that may be legal under state law, violate the National Labor...more
10/4/2023
/ Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Section 7 ,
State Labor Laws ,
Trade Secrets ,
Unions
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
In a very active end of summer for labor law, the National Labor Relations Board (“Board”) ruled in a 2-1 decision, in Quickway Transportation, Inc., 372 NLRB No. 127, that a company’s closure of a terminal where its drivers...more
On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023) clarifying the standard by which the General Counsel satisfies her initial...more
As we previously reported in April 2022, the National Labor Relations Board (“NLRB” or “Board”) General Counsel, Jennifer Abruzzo, asked the Board to revive the Joy Silk doctrine (which was rejected in 1969) and require...more