News & Analysis as of September 20, 2024

Labor Law Violations

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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 -

What Does the End of Chevron Deference Really Mean for Employers?

Bradley Arant Boult Cummings LLP on 7/30/2024

This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

An Opinion Is an Opinion, But an Opinion with a Threat Is a Threatening Opinion, and Threatening Opinions Are Unlawful Under the...

Bradley Arant Boult Cummings LLP on 5/14/2024

A National Labor Relations Board administrative law judge in San Francisco recently ruled that Amazon CEO Andy Jassy violated the National Labor Relations Act when he commented on labor unions through several media outlets....more

NLRB Finds GW Hospital Failed to Bargain in Good Faith in Reversal of Vacated Decision

Sheppard Mullin Richter & Hampton LLP on 5/14/2024

On May 8, 2024, the National Labor Relations Board (“Board”) issued a decision reversing a 2021 decision the Board previously vacated after former Board Member William Emanuel, who participated in the ruling, was found to...more

Fifth Circuit Redresses NLRB’s Tesla Decision but the Board Remains Undaunted

Epstein Becker & Green on 12/15/2023

After a flurry of pro-employee National Labor Relations Board (“NLRB”) decisions, the Fifth Circuit gave employers a glimmer of hope, rejecting the Board’s recent rule issued in Tesla, Inc., 371 NLRB No. 131 (2022) that...more

Concerns Over Cemex Bargaining Orders

Benesch on 11/27/2023

On August 25, 2023, the National Labor Relations Board (“NLRB”) decided Cemex Construction Materials Pacific, LLC, which lowered the threshold for the Board to issue a bargaining order rather than re-run an election when it...more

NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

Littler on 11/14/2023

The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The...more

Think Twice Before Closing the Shop Doors

Sheppard Mullin Richter & Hampton LLP on 10/31/2023

In a recent 2-1 decision in Quickway Transportation, Inc., 372 NLRB No. 127 (2023), the National Labor Relations Board (the “Board”) reversed the Administrative Law Judge and ordered a trucking company to re-open its terminal...more

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

Burr & Forman on 9/26/2023

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Manufacturers Beware: New, Easier Union Representation Process

Robinson+Cole Manufacturing Law Blog on 9/18/2023

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including manufacturers, without a secret ballot election. The NLRB’s new standard (announced in Cemex Construction...more

Recent Decisions by the NLRB: Harsher Penalties for Employers Who Repeatedly Violate Labor Law, More Leniency for Worker Outbursts...

Franczek P.C. on 6/2/2023

As expected, in the last month the National Labor Relations Board has continued to issue decisions that reverse Trump-era precedents and expand the protections available to employees and unions. In Noah’s Ark Processors, LLC...more

NLRB Floods Noah's Ark Decision with Additional Remedies for Egregious Violators

Venable LLP on 5/19/2023

On April 20, 2023, the National Labor Relations Board ("NLRB" or the "Board") issued a decision in Noah's Ark Processors, LLC d/b/a WR Reserve, 372 NLRB No. 80 (2023) in which it announced a non-exhaustive list of remedies...more

NLRB Expands Remedies to Address Repeat Offenders

Benesch on 4/26/2023

The National Labor Relations Board (the “Board”) has traditionally been limited in ways to remedy violations of federal labor law. Often, the Board is constrained to ordering “make-whole” relief like backpay and employee...more

NLRB Opens Door to Additional Remedies for Repeated Labor Violations

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/24/2023

On April 20, 2023, the National Labor Relations Board (NLRB) imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations in the context of collective bargaining....more

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Spilman Thomas & Battle, PLLC on 4/6/2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

NLRB Finds Business Closure Illegal But Backs Off Order to Reopen

Littler on 2/13/2023

In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for unionized employers seeking to close...more

Festive NLRB Provides Holiday Gifts to Unions/Employees

Polsinelli on 12/16/2022

December never is a “slow” month in “labor law land.” Even though offices are winding down and some are closing for the holidays, the National Labor Relations Board (the “Board”) always enjoys dropping a few seismic...more

NLRB to Award Compensatory Damages for Labor Law Violations

Parker Poe Adams & Bernstein LLP on 12/16/2022

During 2022, there has been a considerable uptick in labor activity, including high profile organizing efforts at Amazon, Starbucks, and other nationwide employers. Inevitably, these efforts result in claims from unions that...more

NLRB Telegraphs Possible New Standard for Employee Email Use

Bodman on 10/5/2022

On Friday, September 30, 2022, the NLRB reversed its earlier stance that Chelsea Befort was lawfully terminated for violating T-Mobile’s electronic communications policy. Ms. Befort sent mass emails to all 595 Customer...more

NLRB Proposes to Broaden Joint Employment Standard

Miles & Stockbridge P.C. on 9/8/2022

On September 6, 2022, the National Labor Relations Board (“NLRB” or “Board”) issued a much anticipated proposed rule that would broaden the circumstances under which two companies may be held responsible for labor law...more

NLRB General Counsel Continues Push for Extraordinary Remedies

Littler on 6/28/2022

On June 23, 2022, National Labor Relations Board General Counsel Jennifer Abruzzo released Memorandum GC 22-06, relating to her efforts “to secure full remedies” in settlements with the Board. This follows on her prior...more

Appellate Court Reverses NLRB, Holding Tweet About “Salt Mines” Not an Unfair Labor Practice

Proskauer - Labor Relations Update on 5/31/2022

Last week, the Third Circuit reversed a National Labor Relations Board (“NLRB”) decision finding that FDRLST Media, publisher of online news magazine The Federalist, unlawfully threatened its employees when its Executive...more

General Counsel Seeks to Overturn 74 Years of Board Law Allowing Employers to Hold Anti-Union Meetings

Benesch on 4/8/2022

The chief lawyer for the National Labor Relations Board (the “Board”) wants to ban mandatory meetings called by employers during worktime to dissuade employees from joining unions, calling them an “unlawful threat” to...more

Top 10 Workplace Law Predictions for 2022

Fisher Phillips on 1/4/2022

Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

The NLRB and Congress Move to Protect Union Organizing and Employees through Enhanced Remedies for Both and Increased Penalties...

Obermayer Rebmann Maxwell & Hippel LLP on 9/15/2021

On September 8, 2021, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo created quite a stir when she issued a memorandum (GC 21-06) (“Memo”) bearing the subject line “Seeking Full Remedies.” The Memo...more

NLRB General Counsel Issues Memorandum Urging Regions to Seek Punitive Remedies Against Employers Found to Violate the NLRA

Littler on 9/14/2021

National Labor Relations Board General Counsel (GC) Jennifer Abruzzo recently issued a hard-hitting Memorandum urging the Board’s regional offices to consider closely the full scope of aggressive remedies she deems available...more

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National Labor Relations Board › Unions › Labor Law Violations

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