Employment Law in Motion
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NLRB Overrules Longstanding Position on Captive Audience Meetings and Employer Statements During Unionizing Efforts
The National Labor Relations Board (the “Board”) issued two decisions in recent days that substantially deviate from its prior decisions in Babcock & Wilcox Co., 77 NLRB 577 (1948) and Tri-Cast, Inc., 274 NLRB 377 (1985) relating to an employer’s ability to effectively campaign during union organizing in manners long held lawful.
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SEC v. Jarkesy: Seventh Amendment Jury Trials, Seeking Civil Penalties, and Agency Administrative Actions
The U.S. Supreme Court’s decision in Securities and Exchange Commission v. Jarkesy, 144 S. Ct. 2117 (2024) held that when the SEC seeks civil penalties to punish and deter wrongful conduct, the Seventh Amendment entitles the defendant...
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NLRB GC Memo Circles Back on Noncompetes and “Stay-or-Pay” Provisions in Employment Agreements
On October 7, 2024, the National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued GC Memorandum 25-01: “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National Labor Relations Act.”
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SCOTUS Says NLRB Isn’t So Special—NLRB Requests for Preliminary Injunctions Subject to Traditional Standard
In a 9-0 opinion in Starbucks Corporation v. McKinney, 602 U.S. ____ (2024), the U.S. Supreme Court limited the National Labor Relations Board’s (NLRB) ability to readily obtain injunctions under §10(j) of the National Labor Relations Act (the Act) by holding that courts must apply the traditional principles of equity encompassed in the four factors articulated in Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008)—departing from the watered-down “reasonable cause” and “just and proper” standard.
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Two More Anti-Employer Actions that Employers are Going to Hate
The National Labor Relations Board (NLRB) under the Biden administration has developed a decidedly anti-employer, pro-union philosophy that spells significant trouble for all employers—union or non-union.
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New NLRB Rule Significantly Broadens Joint Employer Definition
In yet another significant reversal, the National Labor Relations Board (NLRB) enacted a critical change in how it interprets the National Labor Relations Act (NLRA). On October 26, 2023, the NLRB released its final rule regarding the standard for de...
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