News & Analysis as of June 26, 2025

First Amendment › Unions › Appeals

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Fourth Circuit Issues Guidance On Employer Speech During Organizing Campaigns

Genova Burns LLC on 6/24/2025

A recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s...more

Oregon’s Cannabis Labor Peace Law Struck Down

Proskauer - Labor Relations Update on 6/12/2025

On May 20, 2025, a federal district court in Oregon issued a landmark decision invalidating Measure 119, also known as the United for Cannabis Workers Act. This law, approved by Oregon voters in November 2024 and effective as...more

D.C. Circuit Vacates NLRB Decision, Reinforcing Board’s Limited Jurisdiction over Religious Schools

Proskauer - Labor Relations Update on 2/3/2020

Similar to other disagreements between the NLRB and D.C. Circuit, a tension developed during the last several years regarding the appropriate standard to determine whether teachers at religious schools are covered by the NLRA...more

The Practical NLRB Advisor - Summer 2019

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/18/2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more

Is Scabby the Rat Headed for a Deflating Experience?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/26/2019

Construction employers and general contractors are all too familiar with Scabby the Rat. The inflatable rat - appearing in sizes of up to a reported 30 feet tall - has infested construction job sites as part of trade union...more

Court Holds Union Membership ‘Worthy of Constitutional Protection’

McNees Wallace & Nurick LLC on 9/24/2018

The Third Circuit Court of Appeals, the appeals court that has jurisdiction over federal cases in Pennsylvania, New Jersey, Delaware and the U. S. Virgin Islands, recently held that a public employer violates the First...more

Court Tosses Lawsuit by Drivers Challenging Seattle Ridesharing Union Ordinance

Fisher Phillips on 8/22/2018

On August 9, the Ninth Circuit Court of Appeals dismissed a lawsuit filed by a group of independent drivers challenging a 2015 ordinance by the City of Seattle that allows ridesharing drivers to organize. As we have...more

U.S. Supreme Court Agrees to Hear Two Additional Employment Cases This Term

Littler on 9/29/2017

On September 28, 2017, the U.S. Supreme Court granted certiorari in two cases with labor and employment implications. - In the first case, Janus v. American Federation of State, County, and Municipal Employees, Council 31...more

Unions Win Next Round In Seattle Gig Worker Organizing Battle

Fisher Phillips on 8/30/2017

Chalk this round up to the unions. In a pair of decisions issued last week, a Seattle federal judge ruled that Seattle’s January 2016 Ordinance that seeks to allow for-hire drivers to form unions and collectively bargain with...more

California Employment Law Notes - January 2017

Proskauer - California Employment Law on 1/10/2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

California Employment Law Notes - July 2015

Proskauer - California Employment Law on 7/17/2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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