Throwing out 75 Years of precedent in a single decision, on November 13, 2024, in Amazon.com Services LLC, the National Labor Relations Board (the “Board”) the Board overruled the seminal case of Babcock & Wilcox Co., 77 NLRB 577 (1948) and held that, going forward, employers violate the
Don’t Say That: NLRB Overrules Forty-Year Precedent, Increasing Scrutiny on Employer Statements Regarding the Impact of Unionization
By Michael Lebowich, Joshua Fox & Delia Karamouzis on
On November 8, 2024, in Siren Retail Corp d/b/a Starbucks, the National Labor Relations Board (the “Board”) ruled that employers may violate the National Labor Relations Act (the “Act”) by making statements to workers regarding the impact that unionization would have on the relationship between employees and management, overruling…
New York City to License Hotels: What You Need to Know
On November 4, 2024, Mayor Eric Adams signed into law Int. No. 991-C (the “Act”), which establishes a new licensure requirement for hotels to operate in New York City, requiring new staffing, safety, cleanliness and direct employment standards.
The stated purpose of the Act, referred to as the “Safe…
Ninth Circuit Panel Hears Oral Argument on the NLRB’s Transformative Cemex Decision
By Joshua Fox & Michael Kratochvil on
On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National Labor Relations Board (“NLRB” or the “Board”) framework for responding to union organizing…
On The Rise: Union Representation Petitions Increase by 27% Over the Last Year
On October 14, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a press release confirming the continued increase in union organizing efforts. While the NLRB did not attribute any particular reason for the upward trajectory in petition filings, this trend, which has sharply risen over the last…
NLRB GC Abruzzo Issues Memo Calling for Harsher Remedies for Noncompetes and Stay or Pay Provisions That Violate the NLRA
By Shanice Z. Smith-Banks, Laura Fant & Joshua Fox on
On October 7, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released MEMORANDUM GC 25-01, titled “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National Labor Relations Act.” GC Abruzzo states in the memo that she intends to urge…
BREAKING: Senate Recesses Before Election Without Voting on NLRB Nominees
By Joshua Fox & Shanice Z. Smith-Banks on
On September 25, 2024, the U.S. Senate adjourned for a lengthy recess and is not set to return until November 12th, after the upcoming election. The adjournment comes before the Senate was able to vote on two of President Biden’s nominees for the National Labor Relations Board (“NLRB” or the…