Judge Alan Albright of the U.S. District Court for the Western District of Texas issued an order on July 23, 2024, granting Space Exploration Technologies Corporation’s (SpaceX) motion for a preliminary injunction after...more
Washington state employers are now banned from holding “captive audience” meetings. So-called captive audience meetings are mandatory meetings held by employers during work hours to address activities protected by Section 7...more
6/28/2024
/ Adverse Employment Action ,
Employee Handbooks ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
Policies and Procedures ,
State and Local Government ,
State Bans ,
Unions ,
Washington
Courts continue to explore whether the threshold for actionable “adverse employment actions” under Title VII of the Civil Rights Act of 1964 has been construed too narrowly. Upending several decades of precedent, in 2023, the...more
The U.S. District Court for the Eastern District of Texas vacated the National Labor Relations Board’s (the Board or NLRB) final rule addressing the standard under which two entities may be considered joint employers under...more
This summer, the National Labor Relations Board (the Board or NLRB) issued a decision in Cemex Construction Materials Pacific, LLC that upended decades of precedent regarding the representation election process. A more...more
The U.S. National Labor Relations Board (the Board) issued a decision in Cemex Construction Materials Pacific, LLC on August 25, 2023, upending decades of precedent regarding the representation election process. Per the...more
The National Labor Relations Board (NLRB or the Board) issued a decision on June 16, 2023, returning to an Obama-era standard used to determine whether a worker is an employee or an independent contractor under the National...more
On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more
12/22/2022
/ Bargaining Units ,
Boeing ,
Collective Bargaining ,
Employees ,
Employer Liability Issues ,
Labor Relations ,
Micro-Unions ,
NLRA ,
NLRB ,
Obama Administration ,
Trump Administration ,
Unions
The National Labor Relations Board (NLRB or the Board) issued a decision on September 29, 2022, in Starbucks Corporation, 371 NLRB No. 154 (2022), updating the considerations that guide regional directors when deciding...more
The National Labor Relations Board (NLRB) and the Federal Trade Commission (FTC), on July 19, 2022, jointly issued a memorandum of understanding (MOU) regarding information sharing, cross-agency training, and outreach of...more
8/2/2022
/ Employee Training ,
Employer Liability Issues ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Gig Economy ,
Information Sharing ,
Memorandum of Understanding ,
NLRA ,
NLRB ,
Unfair Competition ,
Unfair Labor Practices
A judge for the U.S. District Court for the Middle District of Florida, on March 17, 2022, denied defendant Scribe Opco, Inc.’s motion to dismiss a class action alleging violations of the Worker Adjustment and Retraining...more
4/26/2022
/ Appeals ,
But For Causation ,
Class Action ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Florida ,
Layoff Notices ,
Layoffs ,
Motion to Dismiss ,
Natural Disasters ,
WARN Act ,
Written Notice
No one needs an introduction to the dominant theme of 2020 in the field of traditional labor law. The main story, as in nearly all fields of law, was the COVID-19 pandemic and its impact on every aspect of American lives....more
1/14/2021
/ Absentee Voting ,
Biden Administration ,
Board of Directors ,
Congressional Oversight ,
Coronavirus/COVID-19 ,
Joint Employers ,
New Legislation ,
NLRA ,
NLRB ,
Proposed Legislation ,
Proposed Rules ,
Proxy Voting Guidelines ,
Rulemaking Process ,
Union Elections ,
Unions
During 2019, the current National Labor Relations Board (the Board) majority became more active, beginning to overrule decisions handed down during the Obama administration and restoring decades of precedent.
In addition...more
1/17/2020
/ Administrative Law Judge (ALJ) ,
Ambush Election Rules ,
Federal Labor Laws ,
Final Rules ,
Labor Regulations ,
Labor Relations ,
New Rules ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Rulemaking Process ,
Union Elections ,
Union Organizers ,
Unions