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Sep 26, 2024 | 
jdsupra.com | David Clark |Michael Ferrell |Erin Schaefer
On September 12, 2024, the Regional Director of the National Labor Relations Board’s (“NLRB”) Region 22 in Newark, New Jersey, issued an unfair labor practice complaint against a New Jersey building services company, alleging that employee non-hire (or “no poach”) provisions in the company’s contracts with its building clients violate the National Labor Relations Act (the “Act”).
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Jul 31, 2024 | 
natlawreview.com | Erin Schaefer
As featured in #WorkforceWednesday®: This week, we’re examining a Texas court's recent decision that questions the constitutional authority of the National Labor Relations Board (NLRB):Last week, a Texas district judge challenged the constitutionality of the NLRB’s structure.
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Jul 26, 2024 | 
jdsupra.com | Michael Ferrell |Stuart M. Gerson |Erin Schaefer
In an action brought by Space Exploration Technologies Corporation, commonly known as SpaceX, a U.S. District Court Judge in the Western District of Texas, Waco Division, has declared that the structure of the National Labor Relations Board (“NLRB” or the “Board”) is unconstitutional.
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Jul 26, 2024 | 
managementmemo.com | Steven M. Swirsky |Stuart M. Gerson |Michael Ferrell |Erin Schaefer
In an action brought by Space Exploration Technologies Corporation, commonly known as SpaceX, a U.S. District Court Judge in the Western District of Texas, Waco Division, has declared that the structure of the National Labor Relations Board (“NLRB” or the “Board”) is unconstitutional.
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Jun 14, 2024 | 
jdsupra.com | Erin Schaefer |Steven M. Swirsky
In Starbucks v. McKinney, the Supreme Court of the United States clarified the standard for injunctive relief under Section 10(j) of the National Labor Relations Act (NLRA or the “Act”). The 9-0 decision, authored by Justice Thomas, with Justice Jackson concurring in the judgment and dissenting in part, held that appropriate standard is the four-part test for preliminary injunctive relief articulated in Winter v Natural Resources Defense Council, Inc. 555 U.S. 7 (2008).
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Jun 14, 2024 | 
managementmemo.com | Steven M. Swirsky |Erin Schaefer
In a 9-0 decision Starbucks v. McKinney, authored by Justice Thomas, with Justice Jackson concurring in part, concurring in the judgment, and dissenting in part, the US Supreme Court clarified the standard for injunctive relief under Section 10(j) of the National Labor Relations Act (NLRA or the “Act”) is the four-part test for preliminary injunctive relief, articulated in Winter v Natural Resources Defense Council, Inc. 555 U.S. 7 (2008).
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Dec 15, 2023 | 
jdsupra.com | Erin Schaefer |Steven M. Swirsky
After a flurry of pro-employee National Labor Relations Board (“NLRB”) decisions, the Fifth Circuit gave employers a glimmer of hope, rejecting the Board’s recent rule issued in Tesla, Inc., 371 NLRB No. 131 (2022) that effectively put every employer’s appearance, dress code and uniform policy in jeopardy of violating Board law if it could be read to limit employees’ ability to wear union apparel or insignia in any way unless the employer is able to meet the high burden of demonstrating that...
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Dec 14, 2023 | 
managementmemo.com | Steven M. Swirsky |Daniel R. Simandl |Erin Schaefer
After a flurry of pro-employee National Labor Relations Board (“NLRB”) decisions, the Fifth Circuit gave employers a glimmer of hope, rejecting the Board’s recent rule issued in Tesla, Inc., 371 NLRB No. 131 (2022) that effectively put every employer’s appearance, dress code and uniform policy in jeopardy of violating Board law if it could be read to limit employees’ ability to wear union apparel or insignia in any way unless the employer is able to meet the high burden of demonstrating that...
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Nov 29, 2023 | 
jdsupra.com | Erin Schaefer |Erik Weibust
As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court breach of contract claims on the topic.
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Nov 29, 2023 | 
tradesecretsandemployeemobility.com | Erik Weibust |Erin Schaefer
As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court breach of contract claims on the topic.
