Popular, Unfair Labor Practices

When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected...

Proskauer - Labor Relations Update on 9/4/2024

On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside...more

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on 8/26/2024

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

Could SpaceX Change the Labor Board’s Future? Here’s What Employers Need to Know

Fisher Phillips on 7/18/2024

SpaceX is challenging whether the National Labor Relations Board should continue to exist as we know it. In two separate lawsuits, the aerospace company has asked a federal court to strike down the agency’s structure as...more

The U.S. Supreme Court Clarifies the Legal Standard for the NLRB Seeking Preliminary Injunctions Against Employers

Morgan, Brown & Joy, LLP on 7/12/2024

On June 13, 2024, the U.S. Supreme Court issued Starbucks v. McKinney,1 which clarifies the legal standard governing temporary injunctions sought by the National Labor Relations Board (NLRB or Board) against employers alleged...more

SCOTUS Confirms NLRB Not Entitled to Deferential Standard for Preliminary Injunctions

Venable LLP on 7/12/2024

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

First Case Where FTC Charges Company in Gig Economy With Violating the Business Opportunity Rule

Hinch Newman LLP on 7/11/2024

On July 2, 2024, the Federal Trade Commission announced that it is taking action against a gig work company for allegedly misleading consumers about the money they could make on the company’s platform and marketing its...more

Supreme Court Issues Employer-Friendly Decision Regarding the Standard to Apply to Requests for Section 10(j) Injunctive Relief...

Clark Hill PLC on 6/17/2024

On June 13, the United States Supreme Court issued its long-awaited ruling in Starbucks Corp. v. McKinney. In Starbucks, the Supreme Court clarified that the traditional four-factor test courts apply to requests for...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

Overview of President Biden’s Non-Compete Agreement Executive Order

Eversheds Sutherland (US) LLP on 7/21/2021

On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy. The Order, breathtaking in scope, asserts as a key goal the desire to improve the lives of consumers through...more

Health Care Workers And Labor Unions: The COVID “Bump” And The New Administration’s Efforts To Unionize More Workers

Amundsen Davis LLC on 4/29/2021

For health care workers, the issues of staffing, wages and benefits are typically what unions have focused on in their organizing campaigns. Against the backdrop of the COVID-19 pandemic, these issues are heightened with the...more

NLRB Division of Advice Dishes Some Guidance With Respect to COVID-Related ULP Charges

Proskauer - Labor Relations Update on 8/18/2020

The pandemic has thrown a number of obstacles at employers and employees as everyone attempts to navigate a novel situation. On August 13, 2020, the National Labor Relations Board (“NLRB”) Division of Advice (“Advice”), the...more

California Attempts to Weed Out Unfair Labor Practices at the State Level by Enacting Union-Friendly Regulation on Employers in...

FordHarrison on 11/18/2019

As the cannabis industry has rapidly progressed over the years, states such as New York, New Jersey and Illinois have begun to implement legislation that encourages employers to engage in labor peace agreements with unions....more

Thinking About E-Verify? Verify With The Union First!

Seyfarth Shaw LLP on 9/21/2018

Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide. Last month, the NLRB held, amongst other things, that an employer violated the NLRA by...more

Some Employment Law and Workplace-Related Thoughts Regarding Boots Riley’s Sorry to Bother You

FordHarrison on 7/17/2018

A couple of weekends ago, I saw Sorry to Bother You, a film written and directed by Boots Riley. The film—Riley’s first—has received much acclaim and currently has a 95% critics’ rating on the website Rotten Tomatoes....more

What a Fool Believes? These Non-Fake Employment News Stories

Littler on 3/30/2018

Over the last few months, many employees have sounded the alarm about sexual harassment (not funny). One issued a false alarm about an impending nuclear disaster (also not terribly funny). Sometimes Human Resources...more

June 2017: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 7/7/2017

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

September 2016 Special Immigration Alert

Epstein Becker & Green on 9/27/2016

I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

August 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 9/9/2016

This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

NLRB General Counsel Creates a “Misclassification-Plus” Unfair Labor Practice

Troutman Pepper on 8/31/2016

On August 26, 2016, the National Labor Relations Board made public an Advice Memorandum from the NLRB’s Office of General Counsel regarding an unfair labor practice case arising in the context of independent contractor...more

Federal ALJ Says Ban on Conducting Personal Business in Handbook Violated NLRA Rights

Parker Poe Adams & Bernstein LLP on 8/9/2016

The National Labor Relations Board continues its assault against standard employment policies considered to interfere with employee rights. This time, a federal administrative law judge accepted the Board counsel’s argument...more

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

Littler on 6/3/2016

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

NLRB: Joint Liability Inquiry Can Precede Finding on Merits of Underlying Unfair Labor Practice Charge

Baker Donelson on 2/19/2016

In the latest development in the National Labor Relations Board's ongoing efforts to redefine joint employer status, the board has determined that an employer (whether franchisee or franchisor) can be named a joint employer...more

Pacific Rim Countries Reach Historic Agreement on the Trans-Pacific Partnership, But Will Congress Approve It?

Foley & Lardner LLP on 10/9/2015

Trade ministers from 12 Pacific Rim countries announced, on October 5, 2015, that they had reached an agreement in principle on the Trans-Pacific Partnership (TPP). The TPP would arguably be the largest free trade agreement...more

What’s the Real Effect of OSHA’s Revamped Inspection Process, the “Enforcement Weighing System?”

Fisher Phillips on 10/5/2015

On October 1, OSHA started its “Enforcement Weighing System,” which means that OSHA Compliance Officers and Area Offices will be under less pressure to complete a number of inspections and will receive credit for separate...more

Is Your Company a Joint Employer?

Pierce Atwood LLP on 9/25/2015

Please see Chart below for more information. ...more

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