SEC Whistleblower Program: What Employers Need to Know
On Friday, December 27, 2024, the Third Circuit Court of Appeals handed Starbucks a victory by vacating an order issued by the National Labor Relations Board (“Board”) on the grounds that the Board exceeded its authority...more
As we’ve recently informed our readers, the National Labor Relations Board (“NLRB” or the “Board”) ended 2022 with a series of consequential decisions for employers. One such decision – issued on December 13, 2022,...more
Based on a recent ruling by the National Labor Relations Board in an unfair labor practice case, employers should prepare to show that pecuniary harm would have occurred in the absence of an unfair labor practice or that harm...more
For many years, employers that have been found in violation of the National Labor Relations Act (NLRA) had to pay traditional make-whole remedies to their employees, which mostly included back pay and reinstatement. However,...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
In a 3-2 decision, the National Labor Relations Board (NLRB) has expanded its own authority to order consequential damages in all cases in which “make whole” relief is appropriate. Thryv, Inc., 372 NLRB No. 22 (Dec. 13,...more
Yesterday, the National Labor Relations Board significantly expanded the damages available to employees in unfair labor practice proceedings. Damages for employees wrongfully discharged in violation of federal labor law have...more
1. On Nov. 19, 2021, the House passed a version of the Build Back Better Act that would vastly expand employer liability under the National Labor Relations Act (NLRA). The bill adds aggressive “civil penalties,” on top of the...more
A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more
I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more
In calculating backpay owed to former employees the National Labor Relations Board (NLRB) has concluded were wrongfully terminated, the Board has historically deducted any interim earnings. In calculating interim earnings,...more
Democratic lawmakers introduced legislation on September 16, 2015 that would greatly expand the remedial scope of the National Labor Relations Act. Crafted with input from labor leaders, the Workplace Action for a Growing...more
Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more