News & Analysis as of

The National Labor Relations Act › Successor Liability

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Proskauer Rose LLP

Del. Ruling Shows Tension Between 363 Sale And Labor Law

Proskauer Rose LLP on

Navigating the Bankruptcy Code can present many traps for unsuspecting debtors, creditors or asset buyers. The U.S. District Court for the District of Delaware recently reminded bankruptcy participants of an often overlooked...more

Proskauer Rose LLP

“Free and Clear” Collides with “Perfectly Clear”: Delaware District Court Imposes Successor Liability on Buyer in 363 Sale

Proskauer Rose LLP on

Navigating the Bankruptcy Code can present many traps for unsuspecting debtors, creditors, or asset buyers. The Delaware District Court recently reminded bankruptcy participants of an often overlooked pitfall involving the...more

BCLP

The Accidental Successor: Asset Buyers Must Take Care to Avoid Unintentionally Becoming a “Perfectly Clear Successor”

BCLP on

Asset Buyers, beware.  If the Seller has union-represented employees, and you intend to hire some or all of those employees and operate the assets as a union-free employer, take care to avoid becoming an accidental successor....more

Manatt, Phelps & Phillips, LLP

Employment Law - May 2018 #2

Manatt, Phelps & Phillips, LLP on

Decision Provides Successor Liability Warning for Employers - Why it matters - A federal court sided with the Equal Employment Opportunity Commission (EEOC) on the question of successor liability with respect to an...more

Kelley Drye & Warren LLP

The NLRB Confuses with Ruling on Successorship Doctrine in Cases Where Worker Retention Laws Apply

Kelley Drye & Warren LLP on

When one company acquires another company with a unionized workforce, some key questions almost inevitably emerge: will the acquiring company be bound by the acquired company’s collective bargaining obligations and union...more

Bradley Arant Boult Cummings LLP

It’s All in the Family: Shifting Standards for Joint-Employer Liability

Bradley Arant Boult Cummings LLP on

The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to...more

Brownstein Hyatt Farber Schreck

NLRB Reverses Its Stance on Determining Successor Liability for Refusal to Hire

Brownstein Hyatt Farber Schreck on

Companies who have bought or are considering buying unionized workplaces should familiarize themselves with a significant decision affecting liability issues made last month by the National Labor Relations Board (NLRB). ...more

Genova Burns LLC

Employer Can Be Liable For Its Predecessor’s FLSA Violations

Genova Burns LLC on

The Third Circuit Court of Appeals recently held that an employer can be liable for its predecessor’s violations of the Fair Labor Standards Act. Thompson v. Real Estate Mortgage Network, No. 12-3828 (3d Cir. Apr. 4, 2014)....more

8 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide