Author Info for Proskauer - Labor Relations Update

Raymond Arroyo

U.S. Chamber Strikes Back At NLRB Joint-Employer Rule

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

Administrative Procedure Act, Chamber of Commerce, Employees, Federal Trade Commission (FTC), Independent Contractors

See all updates »

Joseph Baumgarten

CARES ACT Relief for Mid-Size Businesses Comes with Important Union Related Conditions

Mid-sized businesses (defined as 500 to 10,000 employees) impacted by the Coronavirus may be able to obtain relief loans under the COVID-19 stimulus law, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), but…more

Abrogation, CARES Act, Collective Bargaining, Coronavirus/COVID-19, Federal Loans

See all updates »

Alexander Blutman

Red Rock and a Hard Place: NLRB Issues First Post-Cemex Bargaining Order

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

Appeals, Collective Bargaining, NLRA, NLRB, Unfair Labor Practices

See all updates »

Edward Brill

NLRB Rules That Graduate Students Are Employees

Yesterday, the National Labor Relations Board (“the Board”) issued its long awaited decision in Columbia University. Not surprisingly, the Board, in a 3-1 decision, overturned 12 years of precedent by ruling that “student…more

Brown University, Collective Bargaining, Colleges, Educational Institutions, Graduate Students

See all updates »

Ariel Brotman

NLRB Reinvigorates 1949 Joy Silk Doctrine Giving Great Weight To Demands For Recognition

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

NLRA, NLRB, NLRB General Counsel, Secret Ballot, Unfair Labor Practices

See all updates »

E. Sydney Cone

NLRB Considers Abandoning Current Standard for Independent-Contractor or Employee Status

In what will have a significant impact on the employment status of “gig” economy workers under federal labor law, the National Labor Relations Board (“NLRB” or “Board”) seems poised to revert to a more worker-friendly standard…more

Employee Definition, Employer Liability Issues, Freelance Workers, Gig Economy, Hiring & Firing

See all updates »

Peter Conrad

NLRB Restores Precedent, Gives Employers Freedom to Unilaterally Discipline Union Employees Between Certification and First Contract

The National Labor Relations Board continues to overrule Obama-Board precedent at a rapid pace. On June 23, 2020, in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109, the Board overturned…more

Administrative Law Judge (ALJ), Collective Bargaining Agreements (CBA), Discipline, Duty to Bargain, Employer Liability Issues

See all updates »

Elizabeth Dailey

The Show Can’t Go On: NLRB Denies Union Request for Review of Decision Finding Brown University MFA Students are Not Employees

In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request for review of a Regional Director’s…more

Common Law Claims, Employee Definition, Graduate Students, NLRA, NLRB

See all updates »

Daniel Dorson

(De)Cease(d)-and-Desist: Supreme Court Deals Blow to NLRB Injunctive Power

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

Amazon, Appeals, Cease and Desist Orders, Certiorari, Employment Litigation

See all updates »

Laura Fant

NLRB GC Provides Guidance to Regions on “Securing Full Remedies for All Victims of Unlawful Conduct”

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

Corporate Counsel, Labor Law Violations, NLRA, NLRB, NLRB General Counsel

See all updates »

Scott Faust

NLRB Clarifies Burden Shifting Framework in Mixed-Motive Cases

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

Administrative Law Judge (ALJ), Adverse Employment Action, Employment Discrimination, NLRA, NLRB

See all updates »

Melissa Felcher

Here We Go Again: Board Resurrects “Quickie” Election Rules

With over 58,000 workers reportedly unionizing so far in 2023 and the number of representation petitions on the rise, it comes as no surprise that the National Labor Relations Board (“NLRB” or the “Board”) continues to make…more

Appeals, NLRB, Quickie Election Rules, Rulemaking Process, Union Elections

See all updates »

Joshua Fox

NLRB Regional Director Targets No-Poach Agreements in Latest Complaint

On September 12, 2024, the Regional Director for Region 22 (Newark) filed a complaint against Planned Companies, a building maintenance and services provider based in New Jersey alleging that its use of no-poach agreements with…more

Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), NLRA, NLRB

See all updates »

Meika Freeman

NLRB Announces Three Proposed Rulemaking Amendments Aimed at Overhauling Union Election Procedures – With More to Come!

The National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) on Monday, August 12, 2019, proposing three amendments to its current rules and regulations aimed at addressing representation election…more

Blocking Power, NLRA, NLRB, NPRM, Proposed Amendments

See all updates »

David Gobel

NLRB Issues “Fair Choice-Employee Voice” Final Rule

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

Collective Bargaining, Construction Industry, Decertification, Final Rules, NLRA

See all updates »

Yonatan Grossman-Boder

NLRB GC Abruzzo Issues Guidance to Academic Institutions Addressing Conflicting Obligations under Labor and Student Privacy Laws

Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA) on academic institutions to…more

Collective Bargaining, Department of Education, Disclosure Requirements, Educational Institutions, FERPA

See all updates »

Larenz Jones

When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected Activity

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 of…more

Administrative Law Judge (ALJ), Black Lives Matter, Hiring & Firing, NLRA, NLRB

See all updates »

Olympia Karageorgiou

When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected Activity

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 of…more

Administrative Law Judge (ALJ), Black Lives Matter, Hiring & Firing, NLRA, NLRB

See all updates »

Rachel Kessler

BREAKING: Texas District Court Strikes Down NLRA Joint Employer Rule

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

Appeals, Chamber of Commerce, Contract Terms, Joint Employers, NLRA

See all updates »

Mallory Knudsen

Launching into New Territory (Continued): SpaceX Wins Temporary Relief at Fifth Circuit

On May 2, 2024, the U.S. Court of Appeals for the Fifth Circuit, in Space Exploration Technologies Corp., v. NLRB, No. 24-40315 (5th Cir. 2024), granted SpaceX’s Emergency Motion for Injunction Pending Appeal, essentially…more

Administrative Law Judge (ALJ), Appeals, En Banc Review, NLRB, Preliminary Injunctions

See all updates »

Arielle Kobetz

NYC Enacts Severance Pay Requirements for Displaced Hotel Workers

Effective as of October 5, 2021, Int. 2397-2021 requires operators of “transient hotels” (as defined by Section 12-10 of the New York City zoning resolutions) to pay their employees severance pay if: 1. the hotel closed to the…more

Hiring & Firing, Hospitality Industry, Hotels, Labor Reform, Layoffs

See all updates »

Michael Kratochvil

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of…more

Adverse Employment Action, Civil Rights Act, Employee Definition, Jury Trial, NLRA

See all updates »

Sehreen Ladak

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

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 the…more

Administrative Law Judge (ALJ), Black Lives Matter, Corporate Counsel, Employees, Employer Liability Issues

See all updates »

Michelle Lappen

NLRB: Initial Burden of Union Animus Met Largely by Timing of Employer’s Discharge of Employee

It is an unfair labor practice for an employer to retaliate against (1) union supporters pursuant to Section 8(a)(3) of the National Labor Relations Act (the “Act”), and (2) employees for filing a complaint with the National…more

Administrative Law Judge (ALJ), Burden-Shifting, Employer Liability Issues, NLRA, NLRB

See all updates »

Michael Lebowich

New York Bans Mandatory Captive Audience Meetings

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 meetings…more

Damages, Equitable Relief, General Meetings, New York, NLRA

See all updates »

Adam Lupion

House Considers Bill Declaring Student Athletes Not Employees

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

Employee Definition, Employment Contract, Name and Likeness, NCAA, NLRA

See all updates »

Tony Martinez

United States Government Accountability Office Finds Federal Contracting Rules do not Prohibit Labor Harmony Agreement Requirements

In a decision issued on September 16, 2024, the United States Government Accountability Office (“GAO”) ruled that federal contracting rules do not prohibit government agencies from requiring contractors to enter into labor…more

Centers for Medicare & Medicaid Services (CMS), Federal Acquisition Regulations (FAR), Federal Contractors, GAO, LMRA

See all updates »

Austin McLeod

Not So Fast: D.C. Circuit Resists Invitation to Reject NLRB Deference

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

Administrative Law Judge (ALJ), Administrative Procedure Act, Chevron Deference, Corporate Counsel, Loper Bright Enterprises v Raimondo

See all updates »

Hannah Morris

When It Rains, It Pours –Several Appeals Lined Up to Challenge NLRB Precedent in Court

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

Collective Bargaining, Drug Testing, Injunctive Relief, NLRA, NLRB

See all updates »

Dixie Morrison

Total Security Recall: Recent Decision May Lead to Reinstatement of Bargaining Requirement for Discipline Pre-CBA

A recent Administrative Law Judge ruling in Starbucks Corp.sets up a possibility for the National Labor Relations Board to reinstate an employer’s obligation to bargain with a union before imposing serious discretionary…more

Administrative Law Judge (ALJ), NLRB, Starbucks, Unions

See all updates »

Morgan Peterson

Case Update: Union Extortion Claims Get Another Chance after Third Circuit Remand

As promised (see prior post here), we are providing an update on the Third Circuit’s decision in Care One Management LLC et al. v. United Healthcare Workers East, et al. As we addressed at the time, this cased involved…more

Assisted Living Facilities (ALFs), Extortion, LMRA, Nursing Homes, Remand

See all updates »

David Picon

President Biden Signs Executive Order Requiring Project Labor Agreements for Large-Scale Federal Construction Projects ($35 Million)

On February 4, 2022, President Biden signed an Executive Order on Use of Project Labor Agreements for Federal Construction Projects (the “Order”), which requires the federal government to require a project labor agreement…more

Biden Administration, Construction Project, Executive Orders, Federal Contractors, Labor Reform

See all updates »

Steven Porzio

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of…more

Adverse Employment Action, Civil Rights Act, Employee Definition, Jury Trial, NLRA

See all updates »

Abigail Rosenblum

Tesla and Musk Get a Shock from the NLRB – Tesla CEO Ordered to Delete Union Tweet and Eliminate Overly Broad Confidentiality Policy

In its March 25 decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (“NLRA”) after prohibiting employees from talking to the media; (2) Tesla did not violate the Act by calling…more

Administrative Law Judge (ALJ), Collective Bargaining, Confidentiality Agreements, Elon Musk, Employee Rights

See all updates »

Paul Salvatore

United States Government Accountability Office Finds Federal Contracting Rules do not Prohibit Labor Harmony Agreement Requirements

In a decision issued on September 16, 2024, the United States Government Accountability Office (“GAO”) ruled that federal contracting rules do not prohibit government agencies from requiring contractors to enter into labor…more

Centers for Medicare & Medicaid Services (CMS), Federal Acquisition Regulations (FAR), Federal Contractors, GAO, LMRA

See all updates »

Shanice Smith-Banks

Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”

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 the…more

Administrative Law Judge (ALJ), Appellate Courts, Corporate Counsel, EEO, Employee Handbooks

See all updates »

Scott Tan

NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith

In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good…more

Administrative Law Judge (ALJ), Collective Bargaining, Collective Bargaining Agreements (CBA), Discipline, Duty to Bargain

See all updates »

Mark Theodore

Two Blockbuster U.S. Supreme Court Decisions May Spell End of NLRB’s Expansion of Reach of NLRA as Well as How Agency Prosecutes Cases

The U.S. Supreme Court issued two blockbuster decisions last week, both of which likely will curtail the ability of federal agencies, including the NLRB, to prosecute cases and expand the law. In a 6-3 decision announced…more

Administrative Law Judge (ALJ), Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Civil Monetary Penalty

See all updates »

Chad Thornton

The Honeymoon is Over: Strikes on the Rise…Even Before A First Contract

While extensive high-profile strike activity was heavily reported throughout 2023, it was – striking– to analyze the hard data regarding 2023 strike activity in Bloomberg’s annual report that was just released. The report…more

Collective Bargaining Agreements (CBA), Corporate Counsel, Employee Rights, Employment Contract, SEIU

See all updates »

Dakota Treece

House Committee Attempts to Secure “PRO Act” Changes to Labor Law Through Reconciliation Process of Next Federal Budget

As we have discussed in previous posts, the Protect the Right to Organize Act (“PRO Act”), which would drastically and fundamentally change the nature and scope of the National Labor Relations Act (“NLRA”) and labor-management…more

Budget Reconciliation, Federal Budget, Labor Reform, Legislative Agendas, Lockouts

See all updates »

Jacob Tucker

New York State Bill Mandating COVID-19 Safety Standards in the Workplace Provides Carve-out for Unionized Employers

As discussed in greater detail here, Governor Andrew Cuomo is poised to sign into law S.1034B/A.2681B, also referred to as the New York Health and Essential Rights Act, or the “Hero Act.” The Hero Act has two main components…more

Coronavirus/COVID-19, Employer Liability Issues, Governor Cuomo, Health and Safety, Infectious Diseases

See all updates »

Claudia Khoury-Yacoub

Third Circuit Rejects RICO Claim Filed Against Unions for Conduct During Corporate Campaign By Adopting A Union’s “Claim-of-Right” Defense

The Third Circuit issued a noteworthy split 2-1 decision last month, finding that a company’s claim under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) against several Unions failed, where the Unions’…more

Abuse of Process, Collective Bargaining, Extortion, Healthcare Workers, Hobbs Act

See all updates »

Proskauer - Labor Relations Update

"My best business intelligence, in one easy email…"

"My best business intelligence,
in one easy email…"