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Hiring & Firing › National Labor Relations Board › Injunctive Relief

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Parker Poe Adams & Bernstein LLP

US Supreme Court Applies Strict Test for NLRB Injunctions

Parker Poe Adams & Bernstein LLP on

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

Cranfill Sumner LLP

NLRB No Longer Enjoys Preferential Preliminary Injunction Treatment

Cranfill Sumner LLP on

On June 13, 2024, the United States Supreme Court held in Starbucks Corp. v. McKinney, No. 23-367, that the National Labor Relations Board (NLRB) must satisfy the Winter test to secure a preliminary injunction. The Winter...more

CDF Labor Law LLP

Supreme Court Confirms More Stringent Test Before Granting Section 10(j) Injunctions In Rare Win For Employers

CDF Labor Law LLP on

Earlier this week, in Starbucks v. McKinney, 602 U.S. ____ _2024), the Supreme Court resolved a disagreement among federal appeals courts on how requests for injunctive relief under Section 10(j) of the National Labor...more

FordHarrison

Injunctive Relief is Injunctive Relief: In a Sweeping Victory for Employers, SCOTUS Rules Standard for 10(j) Relief No Different...

FordHarrison on

Executive Summary: On June 13, 2024, the Supreme Court of the United States (SCOTUS) ruled in favor of Starbucks, and employers alike, holding that when district courts consider a request for preliminary injunction under...more

Epstein Becker & Green

Supreme Court Rules NLRB 10(j) Injunctions Must Meet Higher Preliminary Injunction Standard in Blow to NLRB

Epstein Becker & Green on

In Starbucks v. McKinney, the Supreme Court of the United States clarified the standard for injunctive relief under Section 10(j) of the National Labor Relations Act (NLRA or the “Act”)....more

Ballard Spahr LLP

Supreme Court Heightens Relief Standard For NLRB To Obtain 10(j) Injunctions

Ballard Spahr LLP on

A unanimous decision from the United States Supreme Court, issued on June 13, 2024, settles the split among the circuit courts concerning the factors to be considered by a court in considering a request by the National Labor...more

Fisher Phillips

SCOTUS Delivers Starbucks a Win in Labor Dispute: Here’s How the Ruling Impacts Employers

Fisher Phillips on

The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

Carlton Fields on

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

Benesch

Starbucks Union Dispute Reaches Supreme Court

Benesch on

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

Epstein Becker & Green

#WorkforceWednesday: New COVID-19 Testing Guidance, NLRB Increases Use of Injunctive Relief, D.C. Amends Near-Universal Ban on...

Epstein Becker & Green on

This week, we update you on new COVID-19 guidance and union organizing and non-compete trends at the federal and local levels. EEOC Updates Guidance on COVID-19 Testing of Employees Updated guidance from the U.S. Equal...more

Proskauer - Labor Relations Update

NLRB Pursues 10(j) Injunction and Bargaining Order Against Starbucks Based on Conduct In Union Organizing Campaign

Proskauer - Labor Relations Update on

On June 21, 2022, the National Labor Relations Board (“NLRB”) issued a press release indicating that the Regional Director of Region 3 requested injunctive relief from a United States District Court on behalf of seven former...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

Skadden, Arps, Slate, Meagher & Flom LLP on

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - September / October 2015

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Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more

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