No Limits: Non-Compete Agreements Next Up on NLRB General Counsel Chopping Block
Following the National Labor Relations Board’s (“NLRB”) highly-controversial decision in McLaren Macomb declaring most confidentiality and non-disparagement clauses in separation agreements to be...
View ArticleSupreme Court Decision Cements Employers’ Ability to Sue for Strike Destruction
In an 8-1 decision announced Thursday in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, U.S., No. 21-1449, 6/1/23, the Supreme Court ruled that an employer’s tort claims...
View ArticleThird Act: NLRB Reinstates Employee-Friendly Independent Contractor Analysis...
In a hotly-anticipated decision, The Atlanta Opera, Inc., 372 NLRB No. 95 (2023), the National Labor Relations Board (“NLRB” or “Board”) overturned the existing legal standard for determining whether a...
View ArticleHere We Go Again: Board Resurrects “Quickie” Election Rules
With over 58,000 workers reportedly unionizing so far in 2023 and the number of representation petitions on the rise, it comes as no surprise that the National Labor Relations Board (“NLRB” or the...
View ArticleNLRB Issues New Rule Relaxing Joint Employer Standard
In a much-anticipated rulemaking, the National Labor Relations Board (“NLRB” or “Board”) has established a new standard for determining whether two employers are joint employers of particular employees...
View ArticleNew GC Memo Providing Guidance on Cemex Decision
As recently discussed, the National Labor Relations Board (“NLRB”) issued a major decision this summer in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023). The decision gave labor...
View ArticleLaunching into New Territory: SpaceX Claims NLRB Unconstitutionally Structured
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...
View ArticleUndergraduate Bargaining Units Are Here to Stay—and 20,000 Members Stronger
A growing trend of union organizing among undergraduate student workers reached a crescendo last week when a unit of 20,000 student assistants at California State University voted in favor of...
View ArticleNLRB GC Abruzzo Issues Guidance to Academic Institutions Addressing...
Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA)...
View ArticleThe Show Can’t Go On: NLRB Denies Union Request for Review of Decision...
In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request for review...
View ArticleSixth Circuit Sends Ohio State Graduate Student’s Employment Status Case...
On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed...
View ArticleOn The Rise: Union Representation Petitions Increase by 27% Over the Last Year
On October 14, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a press release confirming the continued increase in union organizing efforts......By:
View ArticleDéjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal...
For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on...
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