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Hiring & Firing › National Labor Relations Board › Union Organizers

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

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It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

NLRB Abandons Controversial Joint Employer Rule – But Employers Aren’t Necessarily Out of the Woods

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The controversial joint employer rule that would have made it far easier for workers to be considered employees of more than one entity is now dead once and for all – but that doesn’t mean employers should let their guard...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Parker Poe Adams & Bernstein LLP

US Supreme Court Applies Strict Test for NLRB Injunctions

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In unusual circumstances arising during unionization campaigns, the National Labor Relations Board can seek a so-called Section 10(j) injunction to immediately order the employer or union to cease illegal acts associated with...more

Tucker Arensberg, P.C.

Does U.S. Supreme Court Decision in Favor of Starbucks Signal Greater Restriction on the Powers of the National Labor Relations...

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Starbucks Corp. v. McKinney, Regional Director of Region 15 of the National Labor Relations Board, decided on June 13, 2024, arose out of the discharge of several Starbucks employees who formed a union organizing committee...more

Foley Hoag LLP

The National Labor Relations Board Loses Deference in Pursuit of Preliminary Injunctions

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On June 13, 2024, the Supreme Court resolved a long-standing split among circuit courts when it issued a ruling in a high-profile labor dispute between Starbucks and the NLRB. The case originated in Memphis, Tennessee, where,...more

Cranfill Sumner LLP

NLRB No Longer Enjoys Preferential Preliminary Injunction Treatment

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On June 13, 2024, the United States Supreme Court held in Starbucks Corp. v. McKinney, No. 23-367, that the National Labor Relations Board (NLRB) must satisfy the Winter test to secure a preliminary injunction. The Winter...more

CDF Labor Law LLP

Supreme Court Confirms More Stringent Test Before Granting Section 10(j) Injunctions In Rare Win For Employers

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Earlier this week, in Starbucks v. McKinney, 602 U.S. ____ _2024), the Supreme Court resolved a disagreement among federal appeals courts on how requests for injunctive relief under Section 10(j) of the National Labor...more

FordHarrison

Injunctive Relief is Injunctive Relief: In a Sweeping Victory for Employers, SCOTUS Rules Standard for 10(j) Relief No Different...

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Executive Summary: On June 13, 2024, the Supreme Court of the United States (SCOTUS) ruled in favor of Starbucks, and employers alike, holding that when district courts consider a request for preliminary injunction under...more

Ballard Spahr LLP

Supreme Court Heightens Relief Standard For NLRB To Obtain 10(j) Injunctions

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A unanimous decision from the United States Supreme Court, issued on June 13, 2024, settles the split among the circuit courts concerning the factors to be considered by a court in considering a request by the National Labor...more

Fisher Phillips

SCOTUS Delivers Starbucks a Win in Labor Dispute: Here’s How the Ruling Impacts Employers

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The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more

Fisher Phillips

Starbucks Asks SCOTUS for Clearer Standard for NLRB Injunctions: What Employers Need to Know

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In a case before the Supreme Court, Starbucks says it fired several employees for violating valid company policies — but the National Labor Relations Board convinced a lower court to reinstate the employees while a legal...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Seyfarth Shaw LLP

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

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Seyfarth Synopsis: Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the...more

Fisher Phillips

Labor Board’s Finalized Joint Employer Rule Ensures More Workers Will Seek Union Membership: Your 10-Step Plan

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The National Labor Relations Board just released its final joint employer rule that makes it easier for workers to be considered employees of more than one entity for labor relations purposes – a move that will result in...more

Fisher Phillips

We Know What the NLRB Did Last Summer: 7 Recent Labor Board Moves That Could Haunt You This Fall and Beyond

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As fall creeps up on us — and you trade your beach days and barbeques for hayrides and horror flicks — don’t forget about all the activity from the National Labor Relations Board (NLRB) this past summer that could cause...more

Seyfarth Shaw LLP

Board Wipes Out Decades of Precedent with Card Check Requirements, Punts on Issuing “Captive Audience” Ban or New Rules About...

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On August 25, 2023, the National Labor Relations Board (NLRB or Board) issued its much-anticipated Cemex decision, which has broad implications for union organizing. It handed unions a win with a partial return to the Joy...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from May 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

BakerHostetler

[Ongoing Program] Unique Issues in Workplace Investigations: Not Your Typical ‘How To’ - April 11th, 2:00 pm - 3:00 pm ET

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Federal Agencies Are Talking About You – and You Can’t Just Ignore It Anymore - April 4th, 2:00 pm - 3:00 pm ET

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Take the Target Off Your Back: Avoiding Common Wage and Hour Practices That May Lead to Litigation - March 28th,...

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Back to the Future Part II: The NLRB and the Uncertain State of Labor Law - March 21st, 2:00 pm - 3:00 pm ET

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Workplace Privacy: The Ever-Increasing Risks of Breaches and Maintaining Data and Information - March 14th, 2:00...

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual this...more

BakerHostetler

[Ongoing Program] Contingent Workforce Update: The Gamemakers Are At It Again - March 7th, 2:00 pm - 3:00 pm ET

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Debriefing the Dobbs Decision: Unpacking What Employers Face in the Aftermath of the Overturning of Roe v. Wade...

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

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