In a recent decision, the National Labor Relations Board (NLRB) reversed a 76-year-old precedent and held that employers violate the National Labor Relations Act (NLRA) when they compel employees to attend meetings where the...more
NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 25-01 on October 7, 2024, announcing her goal to remedy the alleged harmful effects she views inherent to overly broad non-compete and stay-or-pay provisions by...more
The Supreme Court recently a long-standing doctrine established by the 1984 decision, Chevron v. Natural Resources Defense Council. The Court returned the duty of interpreting ambiguous statutory provisions involving federal...more
7/12/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NLRB ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
The National Labor Relations Board (NLRB) has recently finalized a rule broadening the joint employer test.
The new rule replaces a 2020 policy that excused joint employers from bargaining unless workers could demonstrate...more
In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for...more
10/11/2023
/ Appeals ,
Attorney's Fees ,
Back Pay ,
Compliance ,
Contempt ,
Coronavirus/COVID-19 ,
Corporate Fines ,
Criminal Prosecution ,
Employee Rights ,
Labor Disputes ,
NLRA ,
NLRB ,
Noncompliance ,
Reinstatement ,
Reputational Injury ,
Workplace Safety
In a pivotal legal battle, the Third Circuit is currently deliberating whether college athletes should be considered employees under the Fair Labor Standards Act for the purpose of receiving wages. This landmark case could...more
9/13/2023
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Collective Bargaining ,
College Athletes ,
Compensation ,
Employees ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
NCAA ,
NLRB ,
Title IX ,
Title VII
The National Labor Relations Board (NLRB) has announced a new rule that will reduce the waiting time for workers to vote on whether to unionize. Following the NLRB decision in March 2023 to rescind four provisions of the 2019...more
The National Labor Relations Board (Board) continues to expand its authority to impose remedies on employers in its decision in Noah’s Ark Processors, LLC; rendering an unusual advisory opinion on the extent of the remedies...more
Last month we published an article on the NLRB’s decision in McLaren Macomb Hospital where the Board reversed course on the NLRB’s prior position on interpreting severance agreements under Section 7 of the NLRA. In McLaren,...more
4/5/2023
/ Confidentiality Agreements ,
Contract Terms ,
New Guidance ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Section 7 ,
Separation Agreement ,
Severance Agreements
THE MCLAREN RULING -
Just when employers thought the Federal Trade Commission (FTC) proposed rule banning non-competes in employment agreements was confounding, employers are now faced with a new paradigm...more
3/3/2023
/ Confidentiality Agreements ,
Contract Terms ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements ,
Unions
The reported rate of union membership in the United States has been decreasing for the past 40 years, with recent numbers no exception to the slide downhill. Those numbers, however, are deceiving...more
Previously, we published content alerting you to the increase in union activism and successful union campaigns. Starbucks now has over 300 of its locations in the throes of union campaigns. Employers targeted by recent union...more