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
NLRB Regional Director Targets No-Poach Agreements in Latest Complaint
On September 12, 2024, the Regional Director for Region 22 (Newark) filed a complaint against Planned Companies, a building maintenance and services provider based in New Jersey alleging that its use of no-poach agreements with its clients violates Section 8(a)(1) and 8(a)(3) of the National Labor Relations Act (the “Act”).
Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial
On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of Ohio’s summary judgment ruling that dismissed a graduate student Plaintiff’s Title VII quid
No Limits (Revisited): D.C. Circuit Holds That Hotel Improperly Limited Bargaining Subjects
The D.C. Circuit just issued a cautionary decision to employers trying to set “ground rules” in negotiations that limit the topics of bargaining. As we previously covered, in December 2022, the National Labor Relations Board (“NLRB” or “Board”) found that Troutbeck Company, a company that owns a hotel in
House Considers Bill Declaring Student Athletes Not Employees
On Thursday, June 13, 2024, the U.S. House of Representatives Education and Workforce Committee held a hearing on H.R. 8534, entitled “The Protecting Student Athletes’ Economic Freedom Act” (“Act”). If passed, the Act would declare that student-athletes are not employees with respect to any federal or state law (including
The Honeymoon is Over: Strikes on the Rise…Even Before A First Contract
While extensive high-profile strike activity was heavily reported throughout 2023, it was – striking– to analyze the hard data regarding 2023 strike activity in Bloomberg’s annual report that was just released. The report details recent work stoppages, explores how 2023 strike activity statistics fit into historical patterns and trends
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