On November 13, 2024, the National Labor Relations Board ruled that Amazon.com Services committed an unfair labor practice by requiring employees to attend a work time meeting to hear Amazon’s views on union representation....more
Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more
9/16/2024
/ Arbitrary and Capricious ,
Competition ,
Employment Contract ,
Exemptions ,
Federal Trade Commission (FTC) ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Nonprofits ,
Restrictive Covenants ,
Senior Managers ,
Unfair Competition
Suppose that your nemesis has a legal beef with you, and you learn that the law allows him to appoint one of his employees to judge the case. Shocked? You should be. Yet federal agency adjudication works the same way. How...more
7/18/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article III ,
Dodd-Frank ,
Jury Trial ,
NLRB ,
Popular ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Seventh Amendment ,
Unions
There’s a comically profound scene in the second “Madagascar” movie. Penguin (management) and monkey (union) committees are negotiating a labor contract. After the monkeys seem to have secured what they want, they add a...more