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National Labor Relations Board › Summary Judgment

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... more +
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 -
Proskauer - Labor Relations Update

BREAKING:  Texas District Court Strikes Down NLRA Joint Employer Rule

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On March 8, just three days before the National Labor Relations Board’s (the “Board”) new joint-employer standard was set to take effect, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas...more

Foley & Lardner LLP

New NLRB Joint Employer Rule Stayed Until March 11, 2024

Foley & Lardner LLP on

On October 26, 2023, the National Labor Relations Board (the NLRB or the “Board”) issued its heavily-anticipated final rule (the “New Rule”) addressing the standard for determining joint-employer status under the National...more

Ballard Spahr LLP

The NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business Groups

Ballard Spahr LLP on

On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”)...more

Sherman & Howard L.L.C.

When Employment and Traditional Labor Collide: Whole Foods Wins One in the Ongoing Legal Battle Concerning Black Lives Matter...

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Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more

Jackson Lewis P.C.

Third Circuit Affirms Dismissal Of Employee Who Advocated Violence In A Social Media Post

Jackson Lewis P.C. on

In a recent employee termination case, the Third Circuit Court of Appeals recently upheld the dismissal of race discrimination claims by a bank employee who was terminated due to a social media post. Plaintiff, a...more

Jackson Lewis P.C.

Home Health Care Trade Associations Denied Injunction Against AB 2455

Jackson Lewis P.C. on

In 2018, the California legislature passed Assembly Bill 2455 (“AB 2455”), which required the Department of Social Services to provide labor organizations registered home care aids’ contact information to assist with...more

Jackson Lewis P.C.

Judge Rejects AFL-CIO Effort To Invalidate Entire Election Rule

Jackson Lewis P.C. on

The legal saga of the National Labor Relations Board’s (NLRB) new election rule took another turn on July 1 when a federal judge found the rule was a proper exercise of statutory interpretation.* The entire new rule was...more

Parker Poe Adams & Bernstein LLP

Federal Judge Throws Out New Union Election Rules From the National Labor Relations Board

Parker Poe Adams & Bernstein LLP on

Last week, a federal district court granted summary judgment to the AFL-CIO in response to its challenge to new National Labor Relations Board regulations intended to slow the process for unionization elections. The rules...more

Benesch

Union Challenge Halts New NLRB Election Rules

Benesch on

On Saturday, May 30, 2020, Judge Ketanji Brown Jackson granted summary judgment in favor of the AFL-CIO based on its challenge that the National Labor Relations Board (“NLRB” or the “Board”) was not permitted to revise rules...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 4, 2019

Spilman Thomas & Battle, PLLC on

Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group. Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

Ballard Spahr LLP on

The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

ArentFox Schiff on

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

ArentFox Schiff

Lovin' It: Ninth Circuit Rules McDonald's is Not a Joint Employer with Franchisee in California

ArentFox Schiff on

In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more

Burr & Forman

4th Circuit sets a match to battalion chief's First Amendment claims

Burr & Forman on

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

Jackson Lewis P.C.

Labor Board Allows Evidence To Explain Employee Handbook Ban On Video Recording

Jackson Lewis P.C. on

The National Labor Relations Board has denied a motion for summary judgment by the NLRB’s General Counsel in a case involving Mercedes-Benz U.S. International Inc.’s maintenance of an employee handbook rule prohibiting the...more

Proskauer - Labor Relations Update

NLRB GC's Attempt At Summary Judgment In Handbook Case Rejected By NLRB Majority

Proskauer - Labor Relations Update on

The change in a presidential administration always brings changes to government agencies, including the NLRB, as new appointments are made reflecting the policy preferences of the administration. The NLRB is not immune to...more

Troutman Pepper

December 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Arnall Golden Gregory LLP

AGG Litigation Insights Newsletter - Fall 2016

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Social media is everywhere, and while it gives businesses an unprecedented opportunity to reach a record number of consumers at a minimal cost, it can prove to be a double edged sword when disgruntled employees or customers,...more

Manatt, Phelps & Phillips, LLP

Employment Law - September 2016

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Ninth Circuit Sides With NLRB on Class Waivers - Why it matters - Siding with the National Labor Relations Board (NLRB), the Ninth Circuit Court of Appeals pushed the question of whether it violates the National...more

Dickinson Wright

NLRB Ambush Election Rule Withstands an Appeal

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An employer-led challenge to the National Labor Relations Board’s 2015 changes to union election rules has been rejected by the 5th U.S. Circuit Court of Appeals. The rejection means that the controversial rule changes...more

Constangy, Brooks, Smith & Prophete, LLP

Who Was Naughty, And Who Was Nice In Employment Law This Year

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The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #2

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Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

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