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A mostly unanimous U.S. Supreme Court has ruled that a National Labor Relations Board (NLRB) request for preliminary injunctive relief while unfair labor practice charges are pending is to be evaluated by the same standards as any other injunction request. The ruling in Starbucks v. McKinney rejected the Board’s position that its requests should be […]
July is the best month of the year. It’s warm everywhere, even in Chicago. I look forward to the al fresco dining, outdoor concerts, neighborhood block parties, cookouts with family, and the beach. And sharks. July seems to be synonymous with this apex predator. Whether it is because the movie Jaws took place over the Fourth of July or […]
The number of employer requests for union elections has exploded since the National Labor Relations Board (NLRB) adopted a new framework for representation last summer. In the six months following the NLRB’s release of its decision in Cemex Construction Materials Pacific, LLC, in August 2023, employers have submitted 254 union election petitions. In the six […]
On February 21, 2024, in a decision that provoked strong dissent, the National Labor Relations Board (the “Board”) ruled in Home Depot USA, Inc. and Antonio Morales Jr. that Home Depot violated the National Labor Relations Act (“NLRA”) by prohibiting an employee from wearing a “BLM” (Black Lives Matter) marking on his work apron and […]
The COVID-19 pandemic wreaked havoc on employers’ balancing of in-person policy with potential health risks, and recent court decisions have highlighted the National Labor Relations Board’s (NLRB) and Occupational Safety and Health Administration’s (OSHA) concerted collaborative efforts in protecting whistleblowing employees speaking out about on-the-job safety. NLRB, OSHA Doubling Down on Workplace Protections Top officials […]
Throughout 2023, U.S. labor unions achieved gains and made headlines. This past summer, members of the Writers Guild of America and SAG-AFTRA, the Hollywood writers’ and actors’ unions, went on strike for over four months, leading to new agreements for both unions with studios and producers for increased residuals, increased compensation, and protections against exploitive […]
Employers worried about the effect of a new joint employer rule are breathing a sigh of relief after a court blocked its implementation, and now employers using independent contractors may also be feeling better. A new rule from the National Labor Relations Board (NLRB) would have made it harder for employers to avoid joint employment […]
Brittany Pietsch, a former account executive at Cloudflare, recently gained viral attention by sharing a nine-minute video of her termination on TikTok. Anticipating the termination after her colleague’s dismissal half an hour earlier, Pietsch titled the video, POV: You’re about to get laid off. Enjoy the trauma! 🙂 In the video, two company representatives who […]
In August 2023, the National Labor Relations Board (the “NLRB” or the “Board”) significantly changed its procedures when employees are seeking representation by a union. First, the Board enacted its “Representation-Case Procedures” rule or “2023 Election Rule,” which, among other changes, expedites the timing of an election after a petition for election has been filed. […]
In this three-part series, we are exploring the major employment law cases that we are keeping an eye on for 2024. Our last article looked at two cases that have been briefed and argued before the U.S. Supreme Court. Now, we are turning our attention to major employment law cases that are awaiting oral argument […]