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Jul 12, 2024 | 
today.westlaw.com | Austin McLeod |Joshua Fox
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Jul 10, 2024 | 
jdsupra.com | Joshua Fox |Austin McLeod
On July 5, 2024, in Hospital de la Concepcion v. NLRB, the D.C. Circuit was the first federal appeals court to weigh in on deference afforded to the National Labor Relations Board (“NLRB”) in the wake of the landmark U.S. Supreme Court ruling in Loper Bright Enterprises, et al. v. Raimondo, Secretary of Commerce, et al.
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Jul 10, 2024 | 
mondaq.com | Joshua Fox |Austin McLeod
On July 5, 2024, in Hospital de la Concepcion v. NLRB, the D.C. Circuit was the first federal
appeals court to weigh in on deference afforded to the National
Labor Relations Board ("NLRB") in the wake of the
landmark U.S. Supreme Court ruling in Loper Bright Enterprises,
et al. v. Raimondo, Secretary of Commerce, et al.
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Jun 1, 2024 | 
insideselfstorage.com | Austin McLeod
In a challenging market, investors remain optimistic regarding the self-storage sector thanks to its inherent resilience. However, it’s undeniable that our industry is feeling the effects of the broader economy. Over the past several quarters, self-storage rental and occupancy rates have steadily declined, primarily due to reduced demand resulting from rising interest rates, sluggish home sales and shifting migration patterns.
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May 17, 2024 | 
mondaq.com | Joshua Fox |Austin McLeod |Paul Salvatore
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
SEIU Healthcare Michigan about its emergency decisions to increase
pay and hire non-union workers and failed to bargain about those
decisions and their effects.
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May 14, 2024 | 
jdsupra.com | Joshua Fox |Austin McLeod |Paul Salvatore
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 SEIU Healthcare Michigan about its emergency decisions to increase pay and hire non-union workers and failed to bargain about those decisions and their effects.
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Sep 12, 2023 | 
jdsupra.com | Joshua Fox |Michael J Lebowich |Austin McLeod
On September 6, New York State Governor Kathy Hochul signed into law (A6604 / S4982) a bill banning businesses from requiring employees to attend meetings or listen to communications where the “primary purpose” of such meetings or communications is for management to voice its views on certain religious or political matters, including joining a labor organization (“captive audience meetings”). This law goes into effect immediately.
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Sep 12, 2023 | 
mondaq.com | Paul Salvatore |Michael J Lebowich |Joshua Fox |Austin McLeod
On September 6, New York State Governor Kathy Hochul signed into
law (A6604 / S4982) a bill banning businesses from
requiring employees to attend meetings or listen to communications
where the "primary purpose" of such meetings or
communications is for management to voice its views on certain
religious or political matters, including joining a labor
organization ("captive audience meetings"). This
law goes into effect immediately.
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Sep 11, 2023 | 
laborrelationsupdate.com | Paul Salvatore |Michael J Lebowich |Joshua Fox |Austin McLeod
Paul tries arbitrations and litigations, and argues appeals, arising from labor-management relationships. Paul argued and won before the U.S. Supreme Court 14 Penn Plaza LLC v. Pyett. In a 5-4 decision of importance to employers, the Court held a collective bargaining agreement that explicitly requires unionized employees to arbitrate employment discrimination claims is enforceable, modifying 35 years of labor law. In 2016, he argued and won NBC Universal Media, LLC v.
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Sep 5, 2023 | 
jdsupra.com | Joshua Fox |Austin McLeod
A slew of decisions that were pending before the National Labor Relations Board (“NLRB” or the “Board”) have been issued at the end of August, coming at the close of Member Wilcox’s term. In American Federation for Children, Inc., 372 NLRB No. 137, a 3-1 majority reversed recent precedent yet again, finding that employees are engaged in protected activity and acted for the purpose of mutual aid or protection when advocating for a former employee.
