NLRA, Employer Liability Issues, Administrative Law Judge (ALJ)

Consent Orders Are Dead.

Seyfarth Shaw LLP on 9/10/2024

Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than 50 years of the Board’s...more

SpaceX Exploration: Constitutional Challenge to NLRB Structure

Bradley Arant Boult Cummings LLP on 9/5/2024

Following several complaints filed with the National Labor Relations Board (NLRB), SpaceX has mounted a constitutional challenge against the structure of the NLRB. Specifically, SpaceX contends that NLRB administrative judges...more

TIPS at the Coffee Shop: A Caffeinated Reminder About What Not to Do During Union Campaigns

Bradley Arant Boult Cummings LLP on 7/31/2024

The National Labor Relations Board issued yet another Starbucks decision this past week. Again, the Board upheld an administrative law judge’s opinion that Starbucks violated the National Labor Relations Act during a union’s...more

Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality

Sheppard Mullin Richter & Hampton LLP on 7/31/2024

A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

Seyfarth Shaw LLP on 7/19/2024

An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv

Husch Blackwell LLP on 7/2/2024

Labor Law Insider host Tom Godar engages in a lively discussion with guests Trecia Moore, Megann McManus, and Terry Potter regarding remedies in matters involving unfair labor practice charges. The centerpiece of our...more

NLRB: Noncompete and Employee Nonsolicitation Agreements Violate Covered Employees’ Section 7 Rights Under NLRA

Faegre Drinker Biddle & Reath LLP on 6/24/2024

On June 13, 2024, an administrative law judge (ALJ) of the National Labor Relations Board (the Board) joined the growing chorus of federal and state agencies condemning the use of restrictive covenants, in J.O. Mory, Inc.,...more

Employee Handbooks Remain Under Board Attack

BakerHostetler on 6/21/2024

During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

First Court Decision Following Cemex Scraps Election Outcome that Defeated Union and Orders Employer to Bargain With Union

CDF Labor Law LLP on 5/23/2024

On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials...more

U.S. District Court Grants 10(j) Injunctive Relief and Requires Employer to Bargain With Union That Lost Secret Ballot Election

Sheppard Mullin Richter & Hampton LLP on 5/20/2024

On May 14, 2024, the United States District Court for the District of Massachusetts granted a petition for interim injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA”) that was filed by the...more

D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

Littler on 4/16/2024

Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more

D.C. Circuit: NLRB Must Weigh Contract-Based Defenses and Enforce Lawful CBA Provisions

Littler on 4/2/2024

The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of...more

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

Proskauer - Labor Relations Update on 2/23/2024

The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more

Think Twice Before Closing the Shop Doors

Sheppard Mullin Richter & Hampton LLP on 10/31/2023

In a recent 2-1 decision in Quickway Transportation, Inc., 372 NLRB No. 127 (2023), the National Labor Relations Board (the “Board”) reversed the Administrative Law Judge and ordered a trucking company to re-open its terminal...more

NLRB limits employer opportunity to let employees vote on union representation

Constangy, Brooks, Smith & Prophete, LLP on 9/1/2023

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more

NLRB Adopts New Standard for Employer Work Rules

Manatt, Phelps & Phillips, LLP on 8/30/2023

The National Labor Relations Board (NLRB) has adopted a new standard for evaluating challenges to employer work rules as facially unlawful under Section 8(a)(1) of the National Labor Relations Act (NLRA), overruling a...more

Board Wipes Out Decades of Precedent with Card Check Requirements, Punts on Issuing “Captive Audience” Ban or New Rules About...

Seyfarth Shaw LLP on 8/29/2023

On August 25, 2023, the National Labor Relations Board (NLRB or Board) issued its much-anticipated Cemex decision, which has broad implications for union organizing. It handed unions a win with a partial return to the Joy...more

Protected Protest: The National Labor Relations Board General Counsel’s Quest to Expand the Definition of “Inherently Concerted”...

Seyfarth Shaw LLP on 6/12/2023

Seyfarth Synopsis: Recently, an Administrative Law Judge (ALJ), issued a decision in two cases that create the opportunity for the National Labor Relations Act to have a more expansive view of what constitutes protected...more

The National Labor Relations Act › Employer Liability Issues › Administrative Law Judge (ALJ)