Jeffrey Chicoine at Miller Nash LLP

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...more

11/5/2024 / Employer Liability Issues , NLRA , NLRB , Unfair Labor Practices , Unions

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...more

12/4/2023 / Employer Liability Issues , Franchises , Joint Employers , NLRA , NLRB , Wage and Hour

NLRB Acts Swiftly to Apply New Standards on Union Elections and Bargaining Obligations

As expected, the National Labor Relations Board (NLRB) is swiftly implementing its new standards governing union elections and bargaining orders under the groundbreaking Cemex decision. We discussed Cemex and the new...more

10/3/2023 / Administrative Law Judge (ALJ) , Employer Liability Issues , NLRB , Unfair Labor Practices , Unions

NLRB Turns Union Representation Process Upside Down, Preferring Card Check Recognition Over Elections: Practical Considerations...

WARNING TO ALL PRIVATE NONUNION EMPLOYERS In a crucial case for nonunion employers, the National Labor Relations Board (NLRB) has upended the rules governing how a workplace becomes unionized. Now, employers can be obligated...more

9/8/2023 / Employer Liability Issues , NLRB , Union Representatives , Unions

New Memorandum Targets Union and Nonunion Employers’ Non-Competition Agreements

The General Counsel (GC) for the National Labor Relations Board, Jennifer Abruzzo, continues the Board’s crusade against non-competition agreements in Memorandum GC 23-08 (May 30, 2023). The GC serves as the Board’s lead...more

6/1/2023 / Employer Liability Issues , Federal Trade Commission (FTC) , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Section 7

NLRB General Counsel Issues Guidance on Severance Agreements for Union and Non-union Employers

On March 22, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued formal guidance in response to inquiries about applying McLaren Macomb, 372 NLRB No. 58 (February 21, 2023). McLaren Macomb, which was...more

3/29/2023 / Confidentiality Agreements , Employer Liability Issues , Employment Policies , Hiring & Firing , NLRA , NLRB , NLRB General Counsel , Non-Disparagement Provisions , Section 7 , Severance Agreements

NLRB Targets Severance Agreements with Union and Non-Union Employees

The National Labor Relations Board (NLRB) has joined a growing pro-worker chorus taking aim at confidentiality (of the severance paid) and non-disparagement provisions in severance agreements, ruling that simply proposing...more

3/1/2023 / Employer Liability Issues , Hiring & Firing , NLRB , Non-Disparagement Provisions , Section 7 , Severance Agreements

NLRB Proposes New Rules to Promote Union Organizing

The National Labor Relations Board (NLRB) continues its efforts to rescind anti-union rules adopted by the Trump-era Board. In proposed rules published on November 4, 2022, the Biden-Board seeks to undo rules adopted in 2020...more

11/14/2022 / Employer Liability Issues , Employment Policies , NLRA , NLRB , Proposed Rules , Unions

NLRB Proposes New Rules Expanding Joint Employer Status

The ping pong game over who is a joint employer under the National Labor Relations Act (the "Act") continues. On September 6, 2022, the Biden-appointed majority controlling the National Labor Relations Board (the "Board")...more

9/8/2022 / Browning-Ferris Industries of California Inc. , Employer Liability Issues , Franchises , Joint Employers , Labor Reform , Labor Regulations , Labor Relations , NLRB , Unions

Unionized Private and Public Employers May Have Bargaining Obligations to Meet Before Implementing the ETS and Other Vaccine...

This past Friday, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit lifted the stay on implementing the Emergency Temporary Standard to Protect Workers from Coronavirus (ETS) issued by the federal...more

12/21/2021 / Collective Bargaining , Coronavirus/COVID-19 , Employer Mandates , NLRB , NLRB General Counsel , OSHA , Public Employees , Public Sector Unions , State and Local Government , Unions , Vaccinations , Workplace Safety

Jeffrey Chicoine

Miller Nash LLP

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