Steven Porzio on Corporate Counsel

Launching into New Territory: SpaceX Claims NLRB Unconstitutionally Structured

Shortly after the New Year, on January 4, 2024, Space Exploration Technologies Corp.—or “SpaceX”—filed a complaint in the District Court for the Southern District of Texas alleging that an administrative complaint filed by...more

1/9/2024 / Administrative Law Judge (ALJ) , Corporate Counsel , NLRA , NLRB , Securities and Exchange Commission (SEC) , SpaceX , Unconstitutional Condition , Unfair Labor Practices

New GC Memo Providing Guidance on Cemex Decision

As recently discussed, the National Labor Relations Board (“NLRB”) issued a major decision this summer in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023). The decision gave labor unions the upper hand in...more

11/9/2023 / Cemex , Collective Bargaining , Corporate Counsel , Enforcement , Injunctive Relief , NLRB , Unfair Labor Practices , Union Elections , Union Organizers , Unions

No Limits: Non-Compete Agreements Next Up on NLRB General Counsel Chopping Block

Following the National Labor Relations Board’s (“NLRB”) highly-controversial decision in McLaren Macomb declaring most confidentiality and non-disparagement clauses in separation agreements to be unlawful, General Counsel...more

5/31/2023 / Corporate Counsel , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Non-Disparagement Provisions , Section 7 , Severance Agreements

NLRB Releases Spring Rulemaking Agenda Forecasting Changes To Joint Employer Standard and Representation Election Procedures

On June 21, 2022, the National Labor Relations Board (“NLRB”) released its rulemaking agenda for Spring 2022, indicating the Board is considering revisions to two significant and tumultuous topics pursuant to the rulemaking...more

6/23/2022 / Corporate Counsel , Employer Liability Issues , Federal Labor Laws , Joint Employers , Labor Reform , Labor Relations , NLRA , NLRB , Rulemaking Process , Unions

General Counsel Abruzzo Looks to Overturn Board Precedent Again: This Time, Seeking to Broaden Union Access to Public Spaces

In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At...more

5/31/2022 / Collective Bargaining , Corporate Counsel , Employee Rights , Employer Liability Issues , Labor Reform , Labor Regulations , Labor Relations , NLRA , NLRB , NLRB General Counsel , Regulatory Agenda , Union Elections , Union Organizers , Unions

BREAKING: NLRB General Counsel Issues Memo on Bargaining Obligations Under OSHA’s Vaccination Requirements

On November 10, 2021, General Counsel Jennifer Abruzzo issued a memorandum outlining bargaining obligations under OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”). Responding to Inquiries...more

11/11/2021 / Collective Bargaining , Coronavirus/COVID-19 , Corporate Counsel , Covered Employees , Employer Liability Issues , Employer Mandates , Infectious Diseases , New Rules , NLRA , NLRB , NLRB General Counsel , OSHA , Vaccinations , Virus Testing , Workplace Safety

District Court Approves of President Biden’s Firing of Former NLRB General Counsel, But is This the Final Word?

As we reported here and here, there are several challenges to the authority of the Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, given President Biden’s unprecedented move of terminating the...more

7/16/2021 / Administrative Appointments , Appointments Clause , Biden Administration , Corporate Counsel , Employer Liability Issues , Labor Reform , Labor Regulations , Labor Relations , NLRA , NLRB , NLRB General Counsel , Unfair Labor Practices

NLRB GC Issues Guidance Memo Laying Out Changes to Evidence Collection in Unfair Labor Practice Investigations

NLRB General Counsel Peter Robb issued a Memorandum on June 17th setting forth new guidelines for how Regions conduct unfair labor practice investigations—specifically, how Regions secure the testimony of former supervisors...more

6/22/2020 / Corporate Counsel , Employer Liability Issues , Internal Investigations , NLRB , NLRB General Counsel , Unfair Labor Practices , Unions , Wiretap Act , Witnesses

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

8/16/2019 / Administrative Law Judge (ALJ) , Arbitration Agreements , Collective Actions , Corporate Counsel , Employment Contract , Epic Systems Corp v Lewis , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Mandatory Arbitration Clauses , NLRA , NLRB , Protected Concerted Activity , SCOTUS , Section 7 , Wage and Hour

NLRB Finds Employer Lawfully Terminated “Known” Union Supporter Despite Finding Its Justification Was Pretextual

In a 2-1 decision issued on August 2, 2019, the National Labor Relations Board (the “Board”) in Electrolux Home Products, Inc., 368 NLRB No. 34 (2019) reversed an Administrative Law Judge’s (“ALJ”) decision, and held that...more

8/12/2019 / Administrative Law Judge (ALJ) , Adverse Employment Action , Burden of Proof , Corporate Counsel , Employment Litigation , Hiring & Firing , NLRA , NLRB , Preponderance of the Evidence , Unions

Recent ALJ Decision Provides Important Nuance Regarding Workplace No Recording Rules

In late 2017, the NLRB in Boeing Company, 365 NLRB No. 154 (2017), established a new three category system for classifying various employer policies. The new system was designed to balance a “work rule’s negative impact on...more

7/18/2019 / Administrative Law Judge (ALJ) , Audio Recording , Boeing , Corporate Counsel , Employee Handbooks , Employee Privacy Rights , Employment Policies , NLRA , NLRB , Protected Concerted Activity , Secret Recordings , Section 7 , Video Recordings

NLRB Requests Amicus Briefs in Two Significant Cases

On Friday, February 19, 2016, the National Labor Relations Board invited interested individuals and organizations to file amicus briefs on two important legal issues where the Board is considering overturning existing...more

3/4/2016 / Administrative Law Judge (ALJ) , Amicus Briefs , Consent Order , Corporate Counsel , Employer Liability Issues , NLRA , NLRB , NLRB General Counsel , USPS

Steven Porzio

Proskauer Rose LLP

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