On December 27, 2024, the United States Court of Appeals for the Third Circuit (“the Third Circuit” or “the court”) vacated a portion of an NLRB (“the Board”) order requiring Starbucks to compensate two allegedly wrongfully terminated employees for “all direct or foreseeable pecuniary harms” resulting from Starbucks’ alleged unfair
Supreme Court Remands NLRB Successor Bar Case, Signaling Potential Changes to Board Deference Doctrine
By Paul Salvatore, Joshua Fox & Taylor Arluck on
On December 16, 2024, the U.S. Supreme Court vacated a D.C. Circuit opinion in Hosp. Menonita de Guayama, Inc. v. Nat’l Lab. Rels. Bd., 94 F.4th 1 (D.C. Cir. 2024) that upheld a decision by the National Labor Relations Board (“NLRB” or “Board”) on the successor-bar doctrine, which precludes…
Federal District Court in D.C. Strikes Down Removal Protections for ALJs
By Joshua Fox & Justin Chuang on
The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board (“NLRB”) and National Labor Relations Act (“NLRA”) took a potentially significant turn in a decision issued by the District Court for the District of Columbia on December 10, 2024.
NLRB Returns to Exacting “Clear and Unmistakable” Waiver Standard for Contractual Waiver of Right to Bargain Over Unilateral Changes
By Mark Theodore, Joshua Fox & Elizabeth Dailey on
This week, in an expected decision, the National Labor Relations Board (“NLRB” or “Board”) reinstated its prior “clear and unmistakable” waiver standard—a standard that has been much criticized by the courts—for determining when an employer’s unilateral change to terms and conditions of employment violates the National Labor Relations Act (“NLRA”…
BREAKING: SENATE FAILS TO MOVE FORWARD WITH NLRB NOMINEES
By Michael Lebowich, Joshua Fox & Michael Kratochvil on
On December 11, 2024, the U.S. Senate voted 49-50 against invoking cloture on President Biden’s nomination of Lauren McFerran (Democrat appointee) for the National Labor Relations Board (“NLRB” or “Board”). As reported here, President Biden also nominated Seyfarth Shaw partner, Joshua Ditelberg (Republican appointee), when he nominated McFerran in…
Consent Orders Are Gone But Board Consent Remains…For Now
By Joshua Fox, Michael Kratochvil & Jake Lee on
On November 26, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 25-02 to all Regional Directors, Officers-in-Charge, and Resident Officers, seeking to ensure that settlement agreements based on unfair labor practice allegations adequately address the public rights implicated by potential violations…
Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance
For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025.
While we anticipate that President-elect Trump will immediately terminate the current General Counsel (and Deputy General Counsel)—just as President…
NLRB Delivers Ban on Captive-Audience Meetings in Amazon Case
By Joshua Fox, Michael Lebowich & Delia Karamouzis on
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…