NLRA, Appeals | JD Supra

Ninth Circuit Panel Hears Oral Argument on the NLRB’s Transformative Cemex Decision

Proskauer - Labor Relations Update on 10/24/2024

On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National...more

District Court Rules SpaceX Likely To Succeed in Challenging NLRB Constitutionality

Perkins Coie on 8/27/2024

Judge Alan Albright of the U.S. District Court for the Western District of Texas issued an order on July 23, 2024, granting Space Exploration Technologies Corporation’s (SpaceX) motion for a preliminary injunction after...more

Red Rock and a Hard Place: NLRB Issues First Post-Cemex Bargaining Order

Proskauer - Labor Relations Update on 6/20/2024

On June 17, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued its first mandatory bargaining order to an employer after its momentous decision in Cemex Construction Materials Pacific, LLC last year. The NLRB...more

(De)Cease(d)-and-Desist: Supreme Court Deals Blow to NLRB Injunctive Power

Proskauer - Labor Relations Update on 6/14/2024

On June 13, 2024, the U.S. Supreme Court dealt a blow to the National Labor Relations Board’s (“NLRB” or the “Board”) ability to seek injunctive relief during the pendency of an unfair labor practice proceeding. In a near...more

Sixth Circuit Panel Questions Board’s Emergency Pay Increase Ruling

Proskauer - Labor Relations Update on 5/14/2024

On May 9, 2024, the U.S. Court of Appeals for the Sixth Circuit heard oral argument regarding the National Labor Relations Board (“NLRB”) exception allowing an employer to unilaterally make decisions during an emergency. The...more

Eighth Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order

Proskauer - Labor Relations Update on 4/12/2024

On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s...more

Employment Litigation Roundup: March 2024

Seward & Kissel LLP on 4/2/2024

New York State and New York City Human Rights Laws May Protect Out-of-State Applicants - On March 14, the New York Court of Appeals held that out-of-state applicants who seek employment within the State or the City can...more

BREAKING: Texas District Court Strikes Down NLRA Joint Employer Rule

Proskauer - Labor Relations Update on 3/11/2024

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

Starbucks Union Dispute Reaches Supreme Court

Benesch on 1/23/2024

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

5th Circuit Reverses NLRB, Approving Dress Code Ban on Union Shirts

Miles & Stockbridge P.C. on 11/30/2023

The National Labor Relations Board (NLRB) issued a controversial decision last year significantly limiting a company’s ability to implement and enforce uniform and dress code policies. In Tesla, Inc., 317 NLRB No. 131 (2022),...more

Employment Litigation Roundup: October 2023

Seward & Kissel LLP on 11/1/2023

October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges - Compilation of...more

Spa Corporate Officials Taken into Custody for Refusal to Comply with NLRB and Court Orders

Kohrman Jackson & Krantz LLP on 10/11/2023

In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for...more

Union Activity Continues To Expand Amidst Pro Labor Movement

Bradley Arant Boult Cummings LLP on 8/30/2023

In a regulation issued by the National Labor Relations Board (NLRB), the Democratic majority on the board altered the voting process in rolling back Trump-era changes that had slowed down the election process. The new...more

Board Rescinds Four Provisions to 2019 Election Rule Following Federal Appeals Court Vacating the Provisions

Proskauer - Labor Relations Update on 3/13/2023

Thursday, the NLRB issued a notice to rescind four provisions from the Board’s Rules and Regulations contained in its Final Rule published in December 2019 (the “2019 rule”). The Board’s notice rescinding all four provisions,...more

Federal Appeals Court Partially Affirms Elimination of NLRB Rule, Hitting Fast-Forward Button on Representation Elections

Proskauer - Labor Relations Update on 1/19/2023

A divided three-judge panel of the D.C. Circuit Court of Appeals partially affirmed a federal district court’s decision to vacate part of a rule issued by the National Labor Relations Board (the “Board”) in 2019 that...more

“Fight On”; NLRB’s Regional Office Pursuing Unfair Labor Practice Charges on Behalf of College Athletes against USC, Pac-12, and...

Proskauer - Labor Relations Update on 12/20/2022

On December 15, 2022, the Regional Director of the Los Angeles Region of the National Labor Relations Board (“NLRB” or “Board”) found “merit” in the unfair labor practice charges filed by football and men’s and women’s...more

NLRB Reinstates Broad Property Access Rights for Third-Party Contractors

Fisher Phillips on 12/20/2022

The National Labor Relations Board just overruled a key Trump-era decision that had narrowed property access rights for off-duty contractor employees, eliminating a powerful tool for employers to combat unwanted solicitation...more

Supreme Court Set to Decide Whether NLRA Preempts State Law Claims for Property Damage Caused During Strikes

Proskauer - Labor Relations Update on 10/4/2022

The U.S. Supreme Court’s upcoming term will include review of whether the National Labor Relations Act (the “Act”) preempts state court lawsuits for property damage caused during strikes, which could have significant...more

'Any Person' May File Unfair Labor Practice Charges With the NLRB

Snell & Wilmer on 5/25/2022

In a recent decision, FDRLST Media, LLC v. National Labor Relations Board (No. 20-3434 & 3492 3rd Cir. May 20, 2022), the United States Court of Appeals for the Third Circuit (“Court”) denied enforcement of an order of the...more

Ninth Circuit Affirms District Court’s Dismissal of Claims as Preempted by NLRA and Class Action Settlement

Perkins Coie on 4/22/2022

The U.S. Court of Appeals for the Ninth Circuit, on March 18, 2022, applying de novo review, affirmed the district court’s dismissal of plaintiff Cesar Moreno’s wrongful termination claims against his former employer,...more

NLRB General Counsel Seeks to Reinstate Radical Standard for Union Recognition and Restrict Employer Free Speech During Corporate...

Sheppard Mullin Richter & Hampton LLP on 4/19/2022

In contravention of decades-old precedent, employers may be required to recognize unions without a secret ballot election, thereby denying employers the opportunity to protect the private choice of their employees. The...more

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