News & Analysis as of

The National Labor Relations Act › Union Organizers › Employer Liability Issues

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Bass, Berry & Sims PLC

NLRB Releases Two Major Decisions Less Than a Week Apart

Bass, Berry & Sims PLC on

The National Labor Relations Board (NLRB or Board) recently issued two rulings that caused a seismic shift in what is permissible employer conduct during a union organizational campaign. While there is uncertainty about the...more

Steptoe & Johnson PLLC

National Labor Relations Board Ditches Decades-Long Precedent on Employers’ Unionization Threats

Steptoe & Johnson PLLC on

On November 8, in Siren Retail Corp., 373 NLRB No. 135 d/b/a Starbucks, the National Labor Relations Board (NLRB or Board) overturned its categorical rule that immunized nearly all employers’ statements concerning the effects...more

UB Greensfelder LLP

NLRB Outlaws Captive Audience Meetings

UB Greensfelder LLP on

What employers should do to avoid violation - On November 13, 2024, the National Labor Relations Board (“NLRB” or “the Board”) ruled that captive audience meetings— mandatory employer-sponsored meetings attempting to...more

Parker Poe Adams & Bernstein LLP

NLRB Issues Two Decisions Limiting Management's Ability to Contest Unionization

Parker Poe Adams & Bernstein LLP on

During union representation campaigns, it is common for employers to advise employees of the downsides posed by union recognition. The current National Labor Relations Board (NLRB) has criticized these tactics, alleging that...more

Verrill

National Labor Relations Board Bans Captive Audience Meetings

Verrill on

On November 13, 2024, the National Labor Relations Board (NLRB) issued a landmark decision in the case of Amazon Services LLC, banning so-called “captive audience meetings,” a tool regularly used by employers in response to...more

Fox Rothschild LLP

NLRB Issues Labor-Friendly Decisions on ‘Captive Audience’ Meetings, Employer Statements on Unionization

Fox Rothschild LLP on

Reversing established precedent that has stood for decades, two recent decisions by the National Labor Relations Board make it increasingly difficult for employers to make the argument to workers that unionization is not in...more

Husch Blackwell LLP

NLRB Curtails Employers' Ability to Advocate to Remain Union Free: Long-Standing Precedent Rebuked

Husch Blackwell LLP on

On November 13, the National Labor Relations Board (NLRB) issued a decision in Amazon.com Services LLC, 373 NLRB No. 136 (2024) ruling that an employer violates the National Labor Relations Act by requiring employees under...more

Jackson Lewis P.C.

NLRB Overrules Standard on Employer Predictions for How Unionizing Impacts Employer-Employee Relationship

Jackson Lewis P.C. on

The National Labor Relations Board once again has reversed precedent. It will now use a case-by-case analysis to determine whether an employer’s statements about the negative impacts of unionization on the relationship...more

Sherman & Howard L.L.C.

NLRB Proving Even Lame Ducks Can Still Quack

Sherman & Howard L.L.C. on

Two very recent post-election National Labor Relations Board (NLRB) decisions portend a flurry of NLRB anti-employer activity prior to the beginning of the new administration. Both decisions demonstrate that the current...more

Parker Poe Adams & Bernstein LLP

Two New California Laws Affect Response to Union Organizing and Driver's License Requirements for Applicants

Parker Poe Adams & Bernstein LLP on

Last week, California Governor Gavin Newsome signed two bills into law that affect California employers' discretion with regard to employees and applicants for employment. The first law seeks to prohibit so-called "captive...more

Seyfarth Shaw LLP

The WA Employee Free Choice Act – Washington’s Prohibition on Mandatory Employer Meetings about Religious, Political, and Union...

Seyfarth Shaw LLP on

Washington is one of eight states with a law prohibiting employers from holding mandatory meetings addressing their position on religion, politics, and union organizing.  ...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

Foster Swift Collins & Smith on

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

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

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

Perkins Coie

Supreme Court Rejects More Lenient Test for NLRB Injunctions

Perkins Coie on

On June 13, 2024, the Supreme Court of the United States made it harder for the National Labor Relations Board (NLRB) to win injunctive relief against employers accused of unfair labor practices. The Court held in Starbucks...more

Foley Hoag LLP

The National Labor Relations Board Loses Deference in Pursuit of Preliminary Injunctions

Foley Hoag LLP on

On June 13, 2024, the Supreme Court resolved a long-standing split among circuit courts when it issued a ruling in a high-profile labor dispute between Starbucks and the NLRB. The case originated in Memphis, Tennessee, where,...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

Littler

D.C. Circuit Clarifies Employer Communication Rights During Union Campaigns

Littler on

On March 1, 2024, the U.S. Court of Appeals for the D.C. Circuit clarified the rules that apply when employers distribute information and observe employees during union campaigns. The court found that a New York-based...more

Akerman LLP

What Every College and University Should Know About the National Labor Relations Act and its Impact on Campus Life

Akerman LLP on

Colleges and universities continue to experience increased union organizing activity, strikes, and other protests from its workers, outpacing similar activities by workers in other industries. Although these activities were...more

Littler

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

Littler on

A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James,...more

Spilman Thomas & Battle, PLLC

A Revamped Union Organization Process

Spilman Thomas & Battle, PLLC on

Unions won 95 percent of the elections involving groups of 500 or more workers that occurred in the first half of 2023. Overall, unions won 662 elections during that same period – covering over 58,000 workers, the greatest...more

Seyfarth Shaw LLP

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the...more

Littler

NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

Littler on

The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The...more

Epstein Becker & Green

Federal Government Continues Initiatives to Limit Employer Opposition to Union Organizing

Epstein Becker & Green on

The United Stated Department of Labor Office of Labor-Management Standards (“OLMS”) recently signaled an alarming willingness to use its broad subpoena powers under Section 601 of the Labor-Management Reporting and Disclosure...more

Fisher Phillips

We Know What the NLRB Did Last Summer: 7 Recent Labor Board Moves That Could Haunt You This Fall and Beyond

Fisher Phillips on

As fall creeps up on us — and you trade your beach days and barbeques for hayrides and horror flicks — don’t forget about all the activity from the National Labor Relations Board (NLRB) this past summer that could cause...more

Jackson Lewis P.C.

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

Jackson Lewis P.C. on

In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more

83 Results
 / 
View per page
Page: of 4
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide