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Ballard Spahr LLP

Judge bars CFPB mass firings

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The judge who barred the Trump Administration from dismantling the CFPB says the agency cannot implement plans to fire the majority of the bureau’s employees at this stage....more

Orrick, Herrington & Sutcliffe LLP

District court asserts jurisdiction over unions’ termination claims

On March 24, U.S. District Court for the Northern District of California entered an order addressing subject matter jurisdiction in a case involving unions and federal employee terminations following President Trump’s...more

Littler

Layoffs in Germany & Poland: Differences & Similarities

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As layoff procedures in Poland and Germany are anchored in the same EU Directive, their national regulations are similar in direction, but they still have their own flavor and local specificity. Germany and Poland share...more

Warner Norcross + Judd

Key Update on WARN Act: Bankruptcy Court Limits Employer Liability in Mass Layoffs

The Federal Worker Adjustment Retraining Notification (WARN) Act requires employers to give workers 60 days’ written notice of a plant closing or mass termination. In the latest update to an important case interpreting the...more

Ballard Spahr LLP

NLRB Board Member Challenges President Trump’s Executive Power

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On September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028. ...more

King & Spalding

November Employment Law Alert: A Hair-Raising Harassment Case, and Other Updates

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November saw several significant developments in employment law through the courts and following the Labour Government’s Autumn Budget, announced on 30 October 2024....more

Sheppard Mullin Richter & Hampton LLP

What a Headache: The Third Circuit Finds That a Plaintiff’s Migraines Were Not a Serious Health Condition Under the FMLA

On October 11, 2024, in the matter of Ephriam Rodriquez v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit Court of Appeals addressed the legal standards for establishing a “serious health...more

Proskauer - California Employment Law

September 2024 California Employment Law Notes

We invite you to review our newly-posted September 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

Morgan, Brown & Joy, LLP

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

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

Littler

Littler Lightbulb: June Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Fox Rothschild LLP

Oversalted: NLRB Judge Facilitates Union Organizing, Throws Out Noncompete/Nonsolicit Agreements

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A National Labor Relations Board Administrative Law Judge recently found that a company violated the National Labor Relations Act (NLRA) by terminating a “union salt”— an organizer unions place at a workplace to unionize its...more

Gould + Ratner LLP

Should the Standard for Obtaining Preliminary Injunctions Under the NLRA Be Easier? The U.S. Supreme Court Weighs In...

Gould + Ratner LLP on

In a 9-0 decision, the U.S. Supreme Court recently sided with Starbucks Corp. over the National Labor Relations Board (NLRB) in a decision that would severely delay the process for the NLRB to obtain preliminary injunctions...more

Kohrman Jackson & Krantz LLP

Supreme Court Sides with Starbucks in Long-Awaited Union Battle: Implications for Employers and Employees

In an eight-to-one decision this month, the Supreme Court ruled in favor of Starbucks in Starbucks Corp. v. McKinney, involving a longstanding legal battle against the National Labor Relations Board (NLRB). The NLRB was...more

McNees Wallace & Nurick LLC

Supreme Court Imposes Tighter Standard for NLRB to Obtain Injunctive Relief

The Supreme Court of the United States recently unanimously ruled against the National Labor Relations Board (“NLRB”) in Starbucks Corp. v. McKinney. The decision reversed the NLRB’s attempt to change the standard for...more

ArentFox Schiff

In Win for Employers, Supreme Court Adopts Stricter Test for NLRB Injunctions

ArentFox Schiff on

The US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, ruled that federal district courts must apply a traditional four-factor test when evaluating requests for injunctive relief brought by the National...more

Parker Poe Adams & Bernstein LLP

US Supreme Court Applies Strict Test for NLRB Injunctions

In unusual circumstances arising during unionization campaigns, the National Labor Relations Board can seek a so-called Section 10(j) injunction to immediately order the employer or union to cease illegal acts associated with...more

Tucker Arensberg, P.C.

Does U.S. Supreme Court Decision in Favor of Starbucks Signal Greater Restriction on the Powers of the National Labor Relations...

Tucker Arensberg, P.C. on

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

Foley & Lardner LLP

Supreme Court Hands Starbucks Win Against National Labor Relations Board

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On June 13, 2024, the U.S. Supreme Court ruled in Starbucks’ favor in Starbucks v. The National Labor Relations Board, holding that when seeking a Section 10(j) preliminary injunction under the National Labor Relations Act...more

Bradley Arant Boult Cummings LLP

U.S. Supreme Court Addresses 10(j) Injunction Standard in NLRB Case

In an 8-1 decision authored by Justice Clarence Thomas, the United States Supreme Court settled the conflict among circuits in setting the standard for issuing 10(j) injunctions sought in unfair labor practice proceedings. In...more

Skadden, Arps, Slate, Meagher & Flom LLP

NLRB Must Satisfy Traditional Preliminary Injunction Standards To Secure Section 10(j) Relief Against an Employer Pending...

In Starbucks Corp. v. McKinney, the U.S. Supreme Court held that the National Labor Relations Board (NLRB) must satisfy the traditional preliminary injunction standard established in Winter v. Natural Resources Defense...more

Constangy, Brooks, Smith & Prophete, LLP

What lies beneath the “substantial increased costs” needed to reject a request for a religious accommodation?

Complete answers may be several years in the making. A year ago this month, in Groff v. DeJoy, the Supreme Court of the United States held that an employer who rejects a request for a religious accommodation “must show that...more

Benesch

Starbucks Union Dispute Reaches Supreme Court

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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

Proskauer - Labor Relations Update

That Was Fast: Judge Orders Cannabis Company to Recognize and Bargain with Union Under “Cemex”

As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which...more

Roetzel & Andress

Back Pay Plus: NLRB Permits Employees To Recover “Foreseeable” Damages From Employers for Labor Law Violations

Roetzel & Andress on

Yesterday, the National Labor Relations Board significantly expanded the damages available to employees in unfair labor practice proceedings. Damages for employees wrongfully discharged in violation of federal labor law have...more

McNees Wallace & Nurick LLC

Thinking about a Reorganization or Rightsizing? Here are Five Key Questions for your Organization to Consider Now

As the negative economic outlook continues to fill our news and social media feeds, many organizations are pondering what an economic shift may mean for their business. Others have moved on to the next stage of grief,...more

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