Popular, Unions, NLRA

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on 8/26/2024

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

The U.S. Supreme Court Clarifies the Legal Standard for the NLRB Seeking Preliminary Injunctions Against Employers

Morgan, Brown & Joy, LLP on 7/12/2024

On June 13, 2024, the U.S. Supreme Court issued Starbucks v. McKinney,1 which clarifies the legal standard governing temporary injunctions sought by the National Labor Relations Board (NLRB or Board) against employers alleged...more

Supreme Court Issues Employer-Friendly Decision Regarding the Standard to Apply to Requests for Section 10(j) Injunctive Relief...

Clark Hill PLC on 6/17/2024

On June 13, the United States Supreme Court issued its long-awaited ruling in Starbucks Corp. v. McKinney. In Starbucks, the Supreme Court clarified that the traditional four-factor test courts apply to requests for...more

Historic NLRB Decision Changes When Employers Must Recognize and Bargain with Unions

Stevens & Lee on 8/25/2023

In a monumental sea change, on August 25, 2023, the National Labor Relations Board (NLRB) issued a decision in Cemex Construction Materials Pacific, LLC announcing a new rule for deciding when employers must bargain with...more

Supreme Court Paves a Way for Union Strike Damage Claims

Sherman & Howard L.L.C. on 6/6/2023

In an almost unanimous decision, the Supreme Court held that an employer could pursue tort claims against a union for destruction of property during a strike notwithstanding the broad doctrine of preemption under the National...more

NLRB General Counsel Releases Memo Concerning Confidentiality and Non-Disparagement Clauses in Severance Agreements Post-McLaren

Sheppard Mullin Richter & Hampton LLP on 3/23/2023

On March 22, 2023 Jennifer Abruzzo, General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or the “Board”) issued a memorandum intended to assist the Regions in responding to inquiries regarding the Board...more

The NLRB’S Planned Assault On Employer Rights During Union Campaigns

Clark Hill PLC on 3/16/2023

The National Labor Relations Board has long shown a tendency to be one of the more aggressive of all government agencies which has a direct impact on employers, employees, and the workplace. When leadership in the White House...more

The National Labor Relations Board 2022 Year In Review

McNees Wallace & Nurick LLC on 2/2/2023

2022 was a great year for U.S. labor unions and employees, but not so much for U.S. employers. The Biden National Labor Relations Board (NLRB) dug in and got to work, reversing precedent and charting a course to reinterpret...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

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on 1/31/2022

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

Top 10 Workplace Law Predictions for 2022

Fisher Phillips on 1/4/2022

Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

New York’s Adult Use Cannabis Law: Embracing Labor Peace Agreements

Fox Rothschild LLP on 4/29/2021

New York’s industry-altering Marijuana Regulation and Taxation Act includes an apparent mandate that cannabis retailers enter into, maintain and adhere to a “Labor Peace Agreement” with a labor union in order to legally grow,...more

NLRB Division of Advice Dishes Some Guidance With Respect to COVID-Related ULP Charges

Proskauer - Labor Relations Update on 8/18/2020

The pandemic has thrown a number of obstacles at employers and employees as everyone attempts to navigate a novel situation. On August 13, 2020, the National Labor Relations Board (“NLRB”) Division of Advice (“Advice”), the...more

Coronavirus and the Workplace: Employers Considering Taking Employees’ Temperatures at Work Should Proceed with Caution

Pullman & Comley - Labor, Employment and... on 3/16/2020

Most employers are making efforts to ensure that sick employees do not come to work. Because a fever may be a symptom of infection with the Coronavirus (“COVID-19”), some employers are considering taking their employees’...more

California Attempts to Weed Out Unfair Labor Practices at the State Level by Enacting Union-Friendly Regulation on Employers in...

FordHarrison on 11/18/2019

As the cannabis industry has rapidly progressed over the years, states such as New York, New Jersey and Illinois have begun to implement legislation that encourages employers to engage in labor peace agreements with unions....more

NLRB Announces Change to Anticipatory Withdrawal Framework

Faegre Drinker Biddle & Reath LLP on 10/9/2019

On July 3, 2019, the National Labor Relations Board (NLRB) issued its decision on Johnson Controls, Inc., 368 NLRB No. 20 (2019) holding that if an employer receives notice that the union has lost majority support within 90...more

Is That Robot In The Bargaining Unit?

Jackson Lewis P.C. on 12/19/2018

Drones fly over the jobsite, snapping photos of progress and scanning the area for possible safety concerns. A 3D-printer churns out customized parts and scaled models. A remote-controlled robot lays bricks meticulously, with...more

Thinking About E-Verify? Verify With The Union First!

Seyfarth Shaw LLP on 9/21/2018

Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide. Last month, the NLRB held, amongst other things, that an employer violated the NLRA by...more

Passage of the Save Local Businesses Act in the House May Signal a Broader Rejection of Obama-Era Rules On Joint Employment

Seyfarth Shaw LLP on 11/14/2017

Seyfarth Synopsis: On November 7, 2017, the U.S. House of Representatives passed the Save Local Businesses Act. If passed by the Senate, the bill would overturn Obama-era decisions and agency guidance broadly defining and...more

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