NIL partnerships between businesses and collegiate student-athletes remain a lucrative opportunity. In fact, marketing and advertising through student-athletes has been so successful that the NIL industry is projected to soon...more
The National Labor Relations Board (NLRB or Board) has been using a caffeinated approach to challenge employers in unfair labor practice disputes, with Section 10(j) injunction petitions at the top of the menu, often...more
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
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
In Starbucks Corp. v. McKinney, 602 U.S. ____ (2024) (hereafter, "Starbucks"), the U.S. Supreme Court (SCOTUS) recently resolved a circuit split to clarify that if the National Labor Relations Board (the Board) seeks a...more
The National Labor Relations Act gives employees the right to engage in activities together with and on behalf of their co-workers to improve working conditions, called protected concerted activity. The question frequently...more
The National Labor Relations Board’s (NLRB/the Board) burden to secure injunctions against employers has been significantly raised following the U.S. Supreme Court’s decision in a case involving Starbucks. On June 13, 2024,...more
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
In an opinion drafted by Justice Thomas and joined by seven other Justices, on June 13, 2024, the U.S. Supreme Court vacated the Sixth Circuit Court of Appeals’ affirmation of an injunction issued under Section 10(j) of the...more
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
On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11....more
On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more
On June 13, 2023, in a 3-1 decision, the NLRB overruled its own 2019 decision in SuperShuttle DFW and returned to the test of statutory employee status in its 2014 FedEx II decision which it terms carefully calibrated. In...more
The National Labor Relations Board (NLRB) has just weighed in on independent contractors – and has overturned the Trump-era standard in favor of the more complex Obama-era standard. In The Atlantic Opera, 372 NLRB 95 (2023),...more
On June 13, 2023, the National Labor Relations Board (NLRB) issued its decision in Atlanta Opera, overruling the Trump-era SuperShuttle DFW, Inc. standard and reverting back to the Obama-era FedEx Home Delivery (FedEx II)...more
On Tuesday, June 13, 2023, the National Labor Relations Board (NLRB or the “Board”) issued a decision that effectively increases the number of workers who are considered employees rather than independent contractors under the...more
On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis...more
The sky is not falling. When the National Labor Relations Board (NLRB or Board) issued its Atlanta Opera decision on June 14, I read the decision. Then I read some of the commentary issued quickly by news outlets right...more
The independent contractor test developed by the Republican-majority National Labor Relations Board under President Trump actually resulted in a higher rate of workers being classified as employees protected by federal labor...more
Transportation providers would do well to pay close attention to twin developments unfolding before the NLRB and the DOL that could have a very detrimental effect on those providers who use independent contractors as drivers,...more
In its first major overhaul of the Fair Labor Standards Act’s (“FLSA”) joint employer standard since the 1950s, the Department of Labor has brought some clarity to the definition of this relationship after decades of varying...more
On January 12, 2020, the Department of Labor’s Wage and Hour Division released the final changes to its joint-employer regulation under the Fair Labor Standards Act (FLSA). Originally proposed in April 2019, the updated...more
On January 12, 2020, the US Department of Labor (Department or DOL) announced that it is issuing a Final Rule that will update and revise its regulations issued under the Fair Labor Standards Act (FLSA or the Act) that...more
One of the matters of significance to employers and unions under the National Labor Relations Act that became a point of contention under the National Labor Relations Board (“NLRB” or “Board”) during the Obama Administration...more