News & Analysis as of October 12, 2024

Securities and Exchange Commission (SEC)

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

Employment Litigation Roundup: June 2024

Seward & Kissel LLP on 7/3/2024

CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

The Practical NLRB Advisor: Spring 2024

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/28/2024

The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more

Launching into New Territory: SpaceX Claims NLRB Unconstitutionally Structured

Proskauer - Labor Relations Update on 1/9/2024

Shortly after the New Year, on January 4, 2024, Space Exploration Technologies Corp.—or “SpaceX”—filed a complaint in the District Court for the Southern District of Texas alleging that an administrative complaint filed by...more

U.S. Chamber Strikes Back At NLRB Joint-Employer Rule

Proskauer - Labor Relations Update on 11/15/2023

On November 9, 2023, the United States Chamber of Commerce (“Chamber”) and a coalition of business groups filed suit in the Eastern District Court of Texas against the National Labor Relations Board (“NLRB”), alleging the...more

Legal Insights for Manufacturing: Outlook for 2024

Husch Blackwell LLP on 11/2/2023

Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report...more

Expect Focus - Volume III, September 2023

Carlton Fields on 10/11/2023

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

More Attacks on Employee Separation Agreements; Now the SEC Joins the Fray

Williams Mullen on 10/3/2023

In early September, the Securities and Exchange Commission (“SEC” or “Commission”) settled a charge it brought against Monolith Resources, LLC, a Nebraska-based energy and technology company. The SEC claimed in the charge...more

SEC Settlement A Reminder for Employers: Review Your Separation Agreements

Holland & Hart - Employers' Lawyers on 10/3/2023

by Mark Wiletsky Mark Wiletsky Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance), and...more

NLRB Concludes that Separation Agreement Provisions Prohibiting Disparagement and Requiring Confidentiality of Agreement Terms...

Goodwin on 2/28/2023

In its recent decision in McLaren Macomb, the National Labor Relations Board (“NLRB” or the “Board”) concluded that provisions in employment separation agreements prohibiting disparagement of the employer and requiring...more

Top Legal Issues Facing the Manufacturing Sector in 2022

Foley & Lardner LLP on 7/7/2022

As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more

NLRB Says Arbitration Agreement Must Specifically Exclude Claims Filed With NLRA

Parker Poe Adams & Bernstein LLP on 12/11/2019

In its decision last term in Epic Systems Corp. V. Lewis, the U.S. Supreme Court concluded that the National Labor Relations Act does not preclude the use of mandatory arbitration agreements in employment which prevent class...more

Omarosa’s NDA Battle – Confidentiality and Context in the Workplace

Obermayer Rebmann Maxwell & Hippel LLP on 8/24/2018

The business world has much more to learn from the Omarosa Manigault White House battle than just fashionable workplace attire and a flair for the dramatic. The battle between the White House and Omarosa over the scope of her...more

Employment Law - August 2018 #2

Manatt, Phelps & Phillips, LLP on 8/13/2018

Fifth Circuit Pins Down Insignia Ban - Why it matters - The U.S. Court of Appeals, Fifth Circuit, affirmed a ruling from the National Labor Relations Board (NLRB or Board) that a ban on pins violated Section 8(a)(1) of...more

Employment Flash - April 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 5/2/2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Employment Law - December 2016

Manatt, Phelps & Phillips, LLP on 12/12/2016

Voters Embrace Minimum Wage Increases, Legalized Marijuana - Why it matters - While employers wait to see the impact of Donald Trump's forthcoming presidency, voters made their feelings clear on two...more

"Employment Flash - October 2016"

Skadden, Arps, Slate, Meagher & Flom LLP on 10/31/2016

Spotlight on Whistleblower Protections - On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more

Compensation and Benefits Insights – September 2016 #2

King & Spalding on 10/10/2016

Hardly Water Under the Bridge: NLRB, SEC, OSHA Mount Offensive Against Confidentiality Agreements - A recent New York Times story shed light on complaints by an employee of Bridgewater Associates, a $154 billion hedge...more

Executive Labor Summary - April/May 2015

Constangy, Brooks, Smith & Prophete, LLP on 4/29/2015

NLRB “quickie election” rule takes effect - On April 6, President Obama vetoed a joint resolution of Congress that sought to block the “quickie election” rule issued by the National Labor Relations Board....more

Employment Law - April 2015

Manatt, Phelps & Phillips, LLP on 4/21/2015

To Accommodate or Not to Accommodate? U.S. Supreme Court Weighs in on Pregnant Employees - Why it matters: The U.S. Supreme Court decided the first of two major employment law cases this term when a 6-3 majority of...more

NLRB and SEC Impose Restrictions on Workplace Policies and Confidentiality Agreements

Williams Mullen on 4/13/2015

During the last few years, the National Labor Relations Board (“NLRB”) has been aggressively reviewing employers’ confidentiality policies, as well as other work rules regarding, among other things, social media, use of the...more

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