On February 1, 2025, five (5) days after President Trump fired NLRB Member Gwynne A. Wilcox, and NLRB General Counsel Jennifer A. Abruzzo, President Trump fired the NLRB’s second-ranked attorney, NLRB Deputy General Counsel...more
On January 21, 2025, the U.S. Court of Appeals for the Ninth Circuit enforced a National Labor Relations Board (“NLRB” or the “Board”) order requiring Macy’s to provide workers with heightened remedies in response to an...more
1/31/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Civil Rights Act ,
Collective Bargaining ,
Enforcement Actions ,
Labor Law Violations ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
SCOTUS ,
Title VII ,
Unfair Labor Practices ,
Unions
On December 27, 2024, the United States Court of Appeals for the Third Circuit (“the Third Circuit” or “the court”) vacated a portion of an NLRB (“the Board”) order requiring Starbucks to compensate two allegedly wrongfully...more
1/3/2025
/ Administrative Law Judge (ALJ) ,
Affirmative Action ,
Appeals ,
Cease and Desist ,
Compensation ,
Jurisdiction ,
Labor Law Violations ,
NLRA ,
NLRB ,
Starbucks ,
Unfair Labor Practices ,
Vacated ,
Wrongful Termination
This week, in an expected decision, the National Labor Relations Board (“NLRB” or “Board”) reinstated its prior “clear and unmistakable” waiver standard—a standard that has been much criticized by the courts—for determining...more
On November 26, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 25-02 to all Regional Directors, Officers-in-Charge, and Resident Officers, seeking...more
For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025....more
12/3/2024
/ Compensation ,
Confidentiality Agreements ,
Employee Definition ,
Employee Handbooks ,
Injunctive Relief ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Protected Activity ,
Severance Agreements ,
Surveillance ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions
On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National...more
10/24/2024
/ Administrative Law Judge (ALJ) ,
Appeals ,
Cemex ,
Good Faith ,
NLRA ,
NLRB ,
Oral Argument ,
Petition for Writ of Certiorari ,
Popular ,
SCOTUS ,
Unfair Labor Practices ,
Unions
On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside...more
On August 22, 2024, the National Labor Relations Board (the ““Board”“) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio San Pedras, 373 NLRB No. 89 (2024), marking a significant departure from its...more
On July 26, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule (the “2024 Rule”), codified at 29 C.F.R. 103.20–22, rescinding an earlier rule the Board issued in April 2020 (the “2020 Rule”) that...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 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 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
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
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
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
As recently discussed, the National Labor Relations Board (“NLRB”) issued a major decision this summer in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023). The decision gave labor unions the upper hand in...more
As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which...more
9/28/2023
/ Administrative Law Judge (ALJ) ,
Cannabis-Related Businesses (CRBs) ,
Cemex ,
Corporate Counsel ,
Disciplinary Proceedings ,
NLRB ,
Retroactive Application ,
Secret Ballot ,
Termination ,
Unfair Labor Practices ,
Union Organizers ,
Unions
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
On December 15, 2022, the Regional Director of the Los Angeles Region of the National Labor Relations Board (“NLRB” or “Board”) found “merit” in the unfair labor practice charges filed by football and men’s and women’s...more
On the eve of the last day of Member Ring’s term, and in the third in a string of significant rulings by the National Labor Relations Board (“NLRB” or “Board”) (which we reported on here and here)—with potentially more to...more
In a decision, Thryv, Inc., 372 NLRB No. 22, that was foreshadowed by recent invitations for briefs and prosecutorial conduct by NLRB General Counsel Jennifer Abruzzo (see our prior posts here and here), the National Labor...more
As we previously discussed in June 2022, the National Labor Relations Board (“NLRB” or the “Board”) pursued a 10(j) injunction against a Starbucks in Buffalo, New York after it fired workers for allegedly engaging in union...more
11/28/2022
/ Amazon ,
Cease and Desist ,
Corporate Counsel ,
Injunctions ,
Injunctive Relief ,
NLRA ,
NLRB ,
Starbucks ,
Termination ,
Unfair Labor Practices ,
Unions
As foreshadowed by the National Labor Relations Board’s (the “Board”) Spring 2022 rulemaking agenda (discussed in our prior post here), Chair Lauren McFerran, Member Gwynne A. Wilcox, and Member David M. Prouty published a...more
National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo stated over a year ago that 10(j) injunctions in NLRB charges were “one of the most important tools available to effectively enforce the...more