The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of the National Labor Relations Act (“Act”). Accordingly, the NLRB reversed an Administrative Law Judge
Tell Me Why with a Side of Fries: Second Circuit Rules Fast Food Employers Must Comply with New York Notice of Discharge Requirements
On January 5, 2024, the U.S. Court of Appeals for the Second Circuit, in Rest. Law Center, New York State Rest. Ass’n v. City of New York, et al., No. 22-491 (2nd Cir. 2024), held that a New York law protecting workers in the fast-food industry from arbitrary termination…
On Deck: Supreme Court To Review An Important Labor Case Concerning The Legal Standard For Injunctive Relief In Traditional Labor Matters
On January 12, 2024, the U.S. Supreme Court announced that it will hear a challenge in a key case involving the ease with which the National Labor Relations Board (NLRB) may successfully petition a district court for injunctive relief in unfair labor practice (ULP) cases.
The outcome of this case…
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 the NLRB against the company is illegal because the NLRB is unconstitutionally structured and the new expanded…
NLRB GC Issues Guidance Memorandum on “Quickie” Election Rules That Go Into Effect On December 26, 2023
As recently discussed, on December 26, 2023, representation case procedures will change under a rule published by the National Labor Relations Board (“NLRB” or “Board”) in August earlier this year.
Background: When a union files a petition to represent a group of employees, the Board requires specific action from…
U.S. Chamber Strikes Back At NLRB Joint-Employer Rule
UPDATE: The National Labor Relations Board has extended the effective date of the new joint-employer rule to February 26, 2024.
On November 9, 2023, the United States Chamber of Commerce (“Chamber”) and a coalition of business groups filed suit in the Eastern District Court of Texas against the National Labor…
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 the organizing process by requiring employers to take union demands for recognition much…