News & Analysis as of September 20, 2024

Labor Disputes

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

Fisher Phillips on 6/14/2024

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

NLRB GC Issues Updated Memo on Prosecutorial Priorities

Stevens & Lee on 3/22/2023

On March 20, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued an updated memo outlining her prosecutorial priorities. GC Abruzzo’s prior August 2021 memo identified 46 issue areas for...more

USMCA's rapid-response labor mechanism

Hogan Lovells on 2/11/2020

The United States-Mexico-Canada Trade Agreement (USMCA) is noteworthy for its novel “facility specific rapid response labor mechanism” (the Rapid Response Mechanism or Mechanism). The Mechanism permits the United States or...more

Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection

Franczek P.C. on 10/14/2019

The National Labor Relations Board (“Board”) is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the...more

NLRB Advice Memo Could Mean End For “Scabby The Rat”

Fisher Phillips on 5/17/2019

An advice memorandum just released by the National Labor Relations Board General Counsel’s office could be the beginning of the end for “Scabby the Rat,” “Corporate Fat Cat,” and similar oversized balloons often employed by...more

The NLRB Continues to Protect Vulgarity in the Workplace

Seyfarth Shaw LLP on 8/6/2018

Seyfarth Synopsis: Just when employers thought they were safe to restrict offensive speech and restore decorum in the workplace, a recent decision by the Board serves as a stark reminder that offensive workplace speech may...more

National Labor Relations Board Seeks To Increase Participation in Alternative Dispute Resolution Program With New Pilot Program

Sheppard Mullin Richter & Hampton LLP on 7/17/2018

On July 10, 2018, the National Labor Relations Board (“NLRB” or “Board”) announced the start of a new pilot program to increase participation in its Alternative Dispute Resolution (“ADR”) program. Established in 2005, the...more

Broadening Split on Viability of Class Waivers in Employment Arbitration Agreements Invites SCOTUS

Moore & Van Allen PLLC on 10/11/2016

In the years following the U.S. Supreme Court’s AT&T Mobility v. Concepcion decision, more and more courts enforced class waivers in arbitration agreements based on the commands of the Federal Arbitration Act (FAA). The...more

Bring in the TV Cameras: NLRB and D.C. Circuit Find Employees Airing Grievance in Media is Protected Activity

Bradley Arant Boult Cummings LLP on 9/27/2016

An employee goes on television and maligns his bosses for a new company policy with half-truths—and his bosses fire him for disloyalty. Sounds justified, right? Wrong. A National Labor Relations Board (NLRB) decision...more

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