The National Labor Relations Board continues its December precedent merry-go-round with a return to the Specialty Healthcare, 357 NLRB 934 (2011) (“Specialty Healthcare”) standards for bargaining unit determinations. In American Steel Construction, 372 NLRB No. 23, the Board overturned PCC Structurals, Inc., 365 NLRB No.
A Direct Hit: NLRB Expands Make-Whole Remedies to Cover All “Direct or Foreseeable” Financial Harm
By Michael Lebowich, Joshua Fox & Hannah Morris on
In a decision, Thryv, Inc., 372 NLRB No. 22, that was foreshadowed by recent invitations for briefs and prosecutorial conduct by NLRB General Counsel Jennifer Abruzzo (see our prior posts here and here), the National Labor Relations Board (“NLRB” or “Board”) issued a significant ruling on December 13,…
SCOTUS Denies Review and Leaves Seattle’s “Play-or Pay” Ordinance Intact
By Joshua Fox & Caroline Libby on
On November 21, 2022, the Supreme Court declined to review whether federal law preempts a Seattle Ordinance mandating that large hotels offer their employees health insurance coverage or increased pay. This left the Ninth Circuit’s ruling, which found that the particular ordinance was not preempted, as the last word on…
Not Just Starbucks—Federal Judge Grants 10(j) Injunction against Amazon Based on Employee Termination
By Joshua Fox & Melissa C. Felcher on
As we previously discussed in June 2022, the National Labor Relations Board (“NLRB” or the “Board”) pursued a 10(j) injunction against a Starbucks in Buffalo, New York after it fired workers for allegedly engaging in union organizing activities—an action taken based on an initiative articulated by NLRB General Counsel Jennifer…
NLRB Announces Proposed Rule to Rescind 2020 Amendments to Representation Election Procedures
By Joshua Fox & Ross Evans on
As foreshadowed by the National Labor Relations Board’s (the “Board”) Spring 2022 rulemaking agenda (discussed in our prior post here), Chair Lauren McFerran, Member Gwynne A. Wilcox, and Member David M. Prouty published a Notice of Proposed Rulemaking (“NPRM”) on Friday, November 4, 2022, proposing to rescind a…
NLRB General Counsel Abruzzo Issues Memo on Employer Surveillance in the Modern Workplace
By Steven Porzio & Ethan Picone on
On October 31, 2022, NLRB General Counsel Jennifer Abruzzo (“GC Abruzzo”) issued a memorandum in which she pushed for zealous enforcement and Board adoption of a “new framework” to protect employees from intrusive or abusive forms of electronic monitoring and automated management that interfere with protected Section 7 activity. GC…
Latest NLRB General Counsel Memorandum Directs Regions to Attempt to Settle 10(j) Injunctions Before Going to Court
By Mark Theodore, Joshua Fox & Thomas B. Fiascone on
National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo stated over a year ago that 10(j) injunctions in NLRB charges were “one of the most important tools available to effectively enforce the [National Labor Relations] Act.” GC Memorandum 21-05. Today, the GC has issued another memorandum on the…