July 17, 2024
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Category: Labor Relations

Fifth Circuit Rules NLRB Erred in Changing Employee Misconduct Standard

The U.S. Court of Appeals for the Fifth Circuit has ruled that the National Labor Relations Board (NLRB) violated an employer’s due process rights by reinstating a worker-friendly misconduct standard without giving the employer an opportunity to express its views. The court’s July 9 ruling in Lion Elastomers, L.L.C. v. NLRB ordered the NLRB to set aside a standard that considered...
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July 02, 2024
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Category: Agency Enforcement

Staffing Firm Agrees To Pay Over $500,000 To Settle Citizenship Discrimination Allegations

The U.S. Justice Department has entered into a settlement agreement worth more than half a million dollars to end an immigrant bias investigation of a staffing agency. The $557,500 settlement resolves allegations that the staffing firm violated the Immigration and Nationality Act (INA) by using job postings that discouraged applications from non-U.S. citizens who were authorized to work in the United States....
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June 19, 2024
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Category: Labor Relations

Supreme Court Makes It Harder for NLRB To Get Preliminary Injunctions To Correct Alleged ULPs

The National Labor Relations Board has not shown the need for a preliminary injunction ordering Starbucks to rehire employees while the Board proceeds with its administrative complaint alleging an unfair labor practice against the coffeehouse chain, the U.S. Supreme Court decided June 13, 2024, in Starbucks Corporation v. McKinney. The Supreme Court held that courts should analyze the NLRB’s petitions...
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January 23, 2024
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Category: Labor Relations

D.C. Circuit Affirms NLRB Ruling That T-Mobile Operated an Illegal Company Union

Wireless telecommunications carrier T-Mobile established an illegal company union that must be dissolved, a divided appeals court panel ruled January 12, 2024. T-Voice, a worker feedback program created by T-Mobile, fit the definition of a labor organization under the National Labor Relations Act (NLRA), a panel of the U.S. Court of Appeals for the District of Columbia held. The panel...
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November 06, 2023
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Category: Labor Relations

NLRB, Brushing Off Employer Objections, Issues Expanded Joint Employer Rule

The Biden-appointed Democratic majority on the National Labor Relations Board (NLRB or Board) has issued a final rule redefining the standard for determining when two employers are considered a joint employer under the National Labor Relations Act (NLRA). The new rule will make it much easier for a business to be found to be a joint employer of another company’s employees and...
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July 17, 2023
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Category: Labor Relations

NLRB Overrules Trump-Era Independent Contractor Test, Boosting a Likely Finding of Employee Status

The Biden-era National Labor Relations Board (NLRB or Board) has issued a ruling that will make it far more likely that a worker will be considered an employee for purposes of the National Labor Relations Act (NLRA or Act). In Atlanta Opera, 372 NLRB No. 95 (2023), the Board’s Democratic majority overruled a Trump-era Board precedent that provided practical guidance...
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June 13, 2023
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Category: Agency Enforcement

NLRB GC Abruzzo Tells Field Staff That Non-Compete Agreements Likely Violate the NLRA

The National Labor Relations Board’s (NLRB) General Counsel Jennifer Abruzzo has issued a memorandum to the NLRB’s field staff expressing her view that non-compete agreements (NCAs) violate the National Labor Relations Act (NLRA) and asking them to find a case for her office to prosecute. Memorandum GC 23-08 follows a ruling earlier this year (McLaren Macomb) in which the NLRB’s Democratic majority...
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June 12, 2023
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Category: Labor Relations

Supreme Court Rules Employer Can Sue Union for Strike-Related Property Damage

In a decision that underscores the legal responsibility of a labor union to mitigate the risk of harm to an employer’s property during a work stoppage, the U.S. Supreme Court ruled 8 to 1 that a concrete company can sue a labor union for the intentional destruction of its property after union members went on strike. In Glacier Northwest, Inc. v....
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