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Injunctions National Labor Relations Board

Stevens & Lee

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

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The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more

McCarter & English, LLP

The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?

After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the...more

Warner Norcross + Judd

FTC Noncompete Rule Set Aside with Nationwide Effect

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On August 20, 2024, a Texas federal court blocked the Federal Trade Commission’s (FTC) Noncompete Rule scheduled to go into effect on September 4, 2024. Unlike a preliminary injunction entered earlier this year, which only...more

ArentFox Schiff

NLRB General Counsel Signals Intent to Continue Aggressive Use of Injunctions, Despite Supreme Court Setback

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Earlier this year, the US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, adopted a more restrictive test for evaluating requests for injunctive relief under Section 10(j) of the National Labor Relations Act...more

Bradley Arant Boult Cummings LLP

Don’t Stop… Enjoining! NLRB’s GC Wants to Hold Onto That Feeling

The top lawyer for the National Labor Relations Board (NLRB) is ordering her subordinates to continue to seek injunctions against employers for alleged violations of the National Labor Relations Act (NLRA), despite the...more

Proskauer - Labor Relations Update

Despite Supreme (Court) Blow, Latest NLRB GC Memorandum Advocates for the Aggressive Pursuit of 10(j) Injunctions

On July 16, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 24-05 to all field offices stating that the agency should continue “to aggressively seek...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Weakens NLRB’s Ability to Obtain Injunctions in Labor Cases

On June 13, 2024, the Supreme Court of the United States held that courts must assess requests for an injunction by the National Labor Relations Board (NLRB) using the traditional four-factor test for preliminary injunctions....more

Proskauer - Labor Relations Update

Eighth Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order

On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s...more

Adams & Reese

Texas Court Strikes Down Enforcement of NLRB Joint-Employer Rule - Implications of the Decision

Adams & Reese on

U.S. District Judge J. Campbell Barker vacated the National Labor Relations Board’s new rule on determining joint-employer status. The March 8 decision comes as the conclusion to a legal challenge brought against the rule in...more

ArentFox Schiff

Double Secret Probation! NLRB Propounds Expansive List of Potential Remedies It May Impose on Employers for Interfering with...

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We’ve all been on notice for some time that the current General Counsel of the National Labor Relations Board (NLRB or Board), as well as a majority of the Board itself, has an aggressively expansive view of employee rights...more

Proskauer - Labor Relations Update

Not Just Starbucks—Federal Judge Grants 10(j) Injunction against Amazon Based on Employee Termination

As we previously discussed in June 2022, the National Labor Relations Board (“NLRB” or the “Board”) pursued a 10(j) injunction against a Starbucks in Buffalo, New York after it fired workers for allegedly engaging in union...more

Proskauer - Labor Relations Update

Latest NLRB General Counsel Memorandum Directs Regions to Attempt to Settle 10(j) Injunctions Before Going to Court

National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo stated over a year ago that 10(j) injunctions in NLRB charges were “one of the most important tools available to effectively enforce the...more

Akerman LLP - HR Defense

The NLRB is Actively Using the Strongest Weapon in its Arsenal – Quick Injunctions

Last year we warned that the NLRB pendulum was swinging pro-union, but even we could not have predicted just how swiftly the pendulum swing would happen. In the past year alone, General Counsel Jennifer Abruzzo of the...more

Epstein Becker & Green

#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This...

This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies. California Supreme Court Specifies...more

ArentFox Schiff

NLRB General Counsel Launches 10(j) Injunction Initiative Aimed At  Employers That Threaten Or Coerce Employees During Organizing...

ArentFox Schiff on

Section 10(j) of the National Labor Relations Act authorizes the NLRB to seek temporary federal court injunctions to stop employers and unions from engaging in unfair labor practices while a case is being litigated before the...more

Proskauer - Labor Relations Update

New NLRB General Counsel Signals Greater Utilization of 10(j) Injunctions

The recently-sworn in General Counsel of the National Labor Relations Board, Jennifer Abruzzo, has had a busy month, setting the stage for a slate of new enforcement initiatives.  First, the GC issued Advice Memorandum 21-04...more

Foley Hoag LLP

Court’s Injunction Prevents Full Implementation of the NLRB's New Union Election Rules

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In December 2019, the National Labor Relations Board announced revised procedures for union elections that would extend certain pre-election deadlines and require certain disputes be resolved ahead of an election... These...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - January 2020 #4

It’s Fun to Stay at the USMCA. On January 29, 2020, President Donald Trump signed the United States–Mexico–Canada Agreement (USMCA). Now the trade agreement takes off to the Great White North (it’s a beauty way to go). Your...more

Fenwick & West LLP

Fenwick Employment Brief

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California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and beyond. ...more

Littler

D.C. Circuit Rejects NLRB's Award of Attorneys' Fees and Expenses in Unfair Labor Practice Cases

Littler on

The U.S. Court of Appeals for the D.C. Circuit recently rejected the National Labor Relations Board’s attempt to expand the remedies available under the National Labor Relations Act for unfair labor practices. Building on...more

Parker Poe Adams & Bernstein LLP

Federal Court Won't Block NLRB Ambush Election Rules

Last month, the federal district court judge assigned multiple legal challenges to new National Labor Relations Board election rules, declined to issue an injunction to stop the rules from going into effect. The regulations,...more

Snell & Wilmer

Global Connection - November 2013: Secondary Boycott and International Trade

Snell & Wilmer on

The Dispute - The International Longshore and Warehouse Union (“ILWU”) had a long established collective bargaining relationship with grain exporter Marubeni-Columbia Grain, Inc. (“CGI”), which covered CGI’s employees...more

McNees Wallace & Nurick LLC

NLRB Decisions To Fall Like Dominos?

As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama's "recess" appointments to the National Labor Relations Board...more

Ballard Spahr LLP

Application to U.S. Supreme Court challenging NLRB recess appointments rejected by Justice Ginsburg; referral to Justice Scalia...

Ballard Spahr LLP on

Attorneys for a Connecticut nursing home company are attempting to have an application challenging the constitutionality of President Obama’s recess appointments to the National Labor Relations Board referred to Justice...more

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