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Chevron’s Passing Likely to Reshape Labor and Employment Law as SCOTUS Questions Presumption of Agency Subject Matter Expertise

On June 28, 2024 the Supreme Court overruled the 40-year-old landmark ruling known as Chevron, a doctrine of administrative law that has until now required courts to defer to federal agencies’ interpretations of ambiguous...more

Risk of Cemex Bargaining Order Raises Stakes for Employers that Commit Serious Unfair Labor Practices During Union Campaigns

Expressing palpable frustration with an employer that committed many unfair labor practice charges after a union filed an election petition, and acknowledging the lack of serious disincentives to engage in unlawful behavior...more

NLRB Applies a Shifting Burdens Analysis in Reviewing Employer Work Rules; Boeing Overruled

On August 2, 2023, the NLRB further limited employers’ flexibility in designing work rules by holding that all work rules will be reviewed on a case-by-case basis, and no work rules will get an automatic pass....more

Trenton Okays State And Local Government Use Of Project Labor Agreements On Public Works Projects

For many years construction contractors that bid on public works projects have had to contend with complying with prevailing wage and benefit, apprenticeship program, certified payroll, and Labor Commissioner registration...more

Hudson Yards Decision Boosts Non-Union Construction

In a positive development for non-union contractors, a federal judge has reaffirmed the traditional defenses available to employers that face claims they are running unlawful double-breasted operations. On March 20, 2020 the...more

Republican Majority at NLRB Brings Important Pro-Employer Decisions

The recent, temporary Republican majority at the NLRB brought several important changes to Board decisions issued during the Obama Administration. In early December Republican appointees of President Trump briefly held a...more

NLRB Browning-Ferris Decision Lowers Threshold For Joint Employer Status Under NLRA

On August 27, 2015, in a long-awaited and 3-2 decision, the National Labor Relations Board announced a new, lowered standard for determining whether a business is a joint employer of a work force hired by a separate employer...more

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