On June 13, 2024, the Supreme Court struck a blow to the NLRB and provided employers a major win in a case involving a preliminary injunction issued against Starbucks under §10(j) of the National Labor Relations Act....more
In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more
4/1/2024
/ Confidential Communications ,
Confidentiality Policies ,
Contract Terms ,
Disclaimers ,
Disparagement ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
NLRA ,
NLRB ,
Profanity ,
Severance Agreements ,
Severance Pay ,
SpaceX ,
Surveillance ,
Unfair Labor Practices ,
Unions
The Fallout from the NLRB’s Cemex Decision -
As we previously addressed, the National Labor Relations Board’s (NLRB) August 25, 2023, decision in Cemex Construction Materials Pacific, LLC overturned long-established...more
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
1/23/2024
/ Appeals ,
Elon Musk ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Forum Shopping ,
Hiring & Firing ,
Injunctive Relief ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Reinstatement ,
SCOTUS ,
SpaceX ,
Starbucks ,
Termination ,
Unfair Labor Practices ,
Unions
On December 8, 2023, the National Labor Relations Board’s (“NLRB”) General Counsel published a Memorandum outlining the differences between the new union-friendly election rule that becomes effective on December 26, 2023 and...more
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
11/27/2023
/ Bargaining Units ,
Cemex ,
Collective Bargaining ,
Labor Law Violations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unfair Labor Practices ,
Union Elections ,
Unions
In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more
8/4/2023
/ Department of Labor (DOL) ,
Employee Handbooks ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Persuader Rules ,
Remedies ,
Taft-Hartley Act ,
Unfair Labor Practices ,
Union Organizers ,
Unions
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
On August 29, 2019, the National Labor Relations Board (the “Board”) refused to extend the National Labor Relations Act (the “Act”) to create a new standalone violation under Section 8(a)(1). In Velox Express, Inc., 368 NLRB...more
The National Labor Relations Board (“NLRB”) announced last week that it was proposing a series of rule changes. The first and most important focuses on updating its “blocking charge” policy, as well as revising the rules...more
The National Labor Relations Board, composed of a Republican majority for the first time in more than ten years, acted quickly to reverse the controversial 2015 Browning-Ferris Industries decision which had drastically...more