Keahn Morris on Administrative Law Judge (ALJ)

Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality

A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more

7/31/2024 / Administrative Law Judge (ALJ) , Ambiguous , Chevron Deference , Employer Liability Issues , Employment Litigation , Government Agencies , Labor Disputes , Loper Bright Enterprises v Raimondo , NLRA , NLRB , SCOTUS , SpaceX , Statutory Interpretation , Unconstitutional Condition , Unions

U.S. District Court Grants 10(j) Injunctive Relief and Requires Employer to Bargain With Union That Lost Secret Ballot Election

On May 14, 2024, the United States District Court for the District of Massachusetts granted a petition for interim injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA”) that was filed by the...more

5/20/2024 / Administrative Law Judge (ALJ) , Collective Bargaining , Employees , Employer Liability Issues , Injunctive Relief , Labor Regulations , NLRA , NLRB , Unfair Labor Practices , Unions

We Can Now Add Civility and Secrecy to the List of Things Money Can’t Buy: NLRB Rules Non-Disparagement and Confidentiality...

As we previously reported, the National Labor Relations Board (“NLRB” or “Board”) under President Biden is working to undo much of any employer-friendly actions taken during the previous administration. On February 21, 2023,...more

2/24/2023 / Administrative Law Judge (ALJ) , Biden Administration , Confidentiality Agreements , Contract Terms , Hiring & Firing , NLRA , NLRB , Non-Disparagement Provisions , Severance Agreements

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

An Employer’s Bargaining Table Complaints as to Poor Business Conditions Is Not a Claim of Poverty Entitling a Union to Business...

While bargaining, unions often demand that employers produce information relevant to the bargaining process so that the union may fulfill its duties as bargaining representative. Under the law and absent some compelling...more

9/17/2019 / Administrative Law Judge (ALJ) , Bargaining Units , Collective Bargaining , Labor Relations , NLRA , NLRB , Sensitive Business Information , Union Representatives , Unions , Working Conditions

The NLRB Rules That Employers May Bar Union Representatives From Their Property Even Though They Have Allowed Other Third Parties...

Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the...more

9/11/2019 / Administrative Law Judge (ALJ) , Dismissals , Disparate Treatment , Employee Rights , Employer Liability Issues , Kroger , NLRA , NLRB , Private Property , Property Owners , Reversal , Right of Access , Solicitation , Unfair Labor Practices , Union Organizers , Union Representatives , Unions

An Employer’s Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The...

Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more

9/6/2019 / Administrative Law Judge (ALJ) , Administrative Review , Delivery Drivers , Employee Definition , Employer Liability Issues , Employment Litigation , Former Employer , Hiring & Firing , Independent Contractors , Misclassification , NLRA , NLRB , Protected Concerted Activity , Reversal , Unfair Labor Practices , Wrongful Termination

The NLRB Confirms that Intermittent Strikes in Furtherance of the Same Goal are Unprotected

The National Labor Relations Act’s (NLRA or Act) Section 7 grants to all employees — regardless of whether they are unionized or not — the right to engage in protected concerted activity (PCA). Accordingly, an employer may...more

8/2/2019 / Administrative Law Judge (ALJ) , Employee Rights , Employer Liability Issues , Employment Policies , NLRA , NLRB , Protected Concerted Activity , Section 7 , Strike , Unfair Labor Practices , Unions , Wal-Mart

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday...

Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more

6/6/2019 / Administrative Law Judge (ALJ) , Collective Bargaining , Collective Bargaining Agreements (CBA) , Contract Terms , Disparate Treatment , Employer Liability Issues , Labor Relations , NLRA , NLRB , Non-Union , Paid Leave , Protected Concerted Activity , Unions , Wage and Hour

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

2/21/2018 / Administrative Law Judge (ALJ) , Boeing , Confidentiality Agreements , Employee Rights , Employees , Employer Liability Issues , Federal Labor Laws , Hiring & Firing , NLRA , NLRB , Non-Disparagement Provisions , Participation Agreements , Protected Concerted Activity , Section 7 , Severance Agreements , Severance Pay , Termination , Unions

Keahn Morris

Sheppard Mullin Richter & Hampton LLP

Popular Topics by This Author

Latest Posts › Administrative Law Judge (ALJ)