On February 22, 2024, a judge in the Eastern District Court of Texas issued a stay which will delay the effective start date of the National Labor Relations Board’s (“NLRB”) new joint-employer rule by 14 days, from February...more
As recently foreshadowed, the National Labor Relations Board (“NLRB” or “Board”) now appears poised to weigh in on whether noncompete agreements, even those that may be legal under state law, violate the National Labor...more
10/4/2023
/ Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Section 7 ,
State Labor Laws ,
Trade Secrets ,
Unions
As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which...more
9/28/2023
/ Administrative Law Judge (ALJ) ,
Cannabis-Related Businesses (CRBs) ,
Cemex ,
Corporate Counsel ,
Disciplinary Proceedings ,
NLRB ,
Retroactive Application ,
Secret Ballot ,
Termination ,
Unfair Labor Practices ,
Union Organizers ,
Unions
In another much-anticipated reversal of existing precedent, as the National Labor Relations Board (“Board”) completes its late-summer flurry before the Labor Day weekend, the Board issued a pair of decisions overruling...more
In a very active end of summer for labor law, the National Labor Relations Board (“Board”) ruled in a 2-1 decision, in Quickway Transportation, Inc., 372 NLRB No. 127, that a company’s closure of a terminal where its drivers...more
California’s Fair Employment and Housing Act (FEHA) is already one of the most employee-friendly state civil rights laws in the country. Until now, it was not clear whether employees could sue not only their direct employers...more
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the...more
On October 20, 2022, the Ninth Circuit reversed in part a grant of summary judgment in favor of an employer, finding that the district court misapplied the substantive law of California in holding that Plaintiff’s disclosures...more
11/3/2022
/ CA Supreme Court ,
California ,
Corporate Counsel ,
Federal Contractors ,
NEPA ,
Noncompliance ,
Retaliation ,
Summary Judgment ,
Whistleblower Protection Enhancement Act ,
Whistleblowers ,
Wrongful Termination