On June 17, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued its first mandatory bargaining order to an employer after its momentous decision in Cemex Construction Materials Pacific, LLC last year. The NLRB ordered Red Rock Casino Resort Spa to bargain with Unite Here, the union which began
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
(De)Cease(d)-and-Desist: Supreme Court Deals Blow to NLRB Injunctive Power
On June 13, 2024, the U.S. Supreme Court dealt a blow to the National Labor Relations Board’s (“NLRB” or the “Board”) ability to seek injunctive relief during the pendency of an unfair labor practice proceeding. In a near unanimous decision (Justice Jackson dissented in part but concurred in the judgment)
Proposed NLRB-EEOC Memo On Racially-Charged Picket Line Speech Paused Pending Hearing
As we’ve discussed previously (see here and here), the National Labor Relations Board (“NLRB”) has recently endeavored to work collaboratively with other federal agencies to combat workplace issues where multiple agencies may share jurisdiction. One such effort is the publication of a joint memo between the Equal Employment Opportunity
Sixth Circuit Panel Questions Board’s Emergency Pay Increase Ruling
On May 9, 2024, the U.S. Court of Appeals for the Sixth Circuit heard oral argument regarding the National Labor Relations Board (“NLRB”) exception allowing an employer to unilaterally make decisions during an emergency. The Board sought court enforcement of its ruling that Metro Man IV LLC failed to notify
When It Rains, It Pours – Several Appeals Lined Up to Challenge NLRB Precedent in Court
We have reported extensively over the last few years regarding the many pro-labor decisions issued by the National Labor Relations Board (“NLRB”), which largely align with General Counsel (“GC”) Jennifer Abruzzo’s expansive prosecutorial agenda (discussed here and here). However, employers have not sat idly by in response to such
Launching into New Territory (Continued): SpaceX Wins Temporary Relief at Fifth Circuit
On May 2, 2024, the U.S. Court of Appeals for the Fifth Circuit, in Space Exploration Technologies Corp., v. NLRB, No. 24-40315 (5th Cir. 2024), granted SpaceX’s Emergency Motion for Injunction Pending Appeal, essentially halting National Labor Relations Board (“NLRB”) proceedings pending the company’s appeal of a lower