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Aug 7, 2024 | 
mondaq.com | Joshua Fox |David Gobel
On July 26, 2024, the National Labor Relations Board
("NLRB" or "Board") issued a final rule (the
"2024 Rule"), codified at 29 C.F.R. 103.20–22,
rescinding an earlier rule the Board issued in April 2020 (the
"2020 Rule") that amended representation election
procedures.
As we previously reported, the Board
issued its Proposed Rule on this topic in November 2022, and then
received a number of comments during the comment period that ended
on February 2, 2023.
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Jun 27, 2024 | 
mondaq.com | Joshua Fox |Larenz D. Jones |Mark Theodore
As we've discussed previously (see here and here), next up on
the NLRB chopping block is whether non-compete agreements create a
"chilling effect" on employees in the exercise of their
Section 7 rights of the National Labor Relations Act
("NLRA").
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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 13, 2024 | 
mondaq.com | Joshua Fox |Hannah Morris |Paul Salvatore
PR
Proskauer Rose LLP
More
The world’s leading organizations and global players choose Proskauer to represent them when they need it the most. Our top tier team of star trial attorneys, acclaimed transactional lawyers and exceptionally talented partners and associates have earned a reputation for the relentless pursuit of perfection and a dauntless pursuit of success.
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Apr 26, 2024 | 
natlawreview.com | Joshua Fox
While extensive high-profile strike activity was heavily reported throughout 2023, it was – striking– to analyze the hard data regarding 2023 strike activity in Bloomberg’s annual report that was just released. The report details recent work stoppages, explores how 2023 strike activity statistics fit into historical patterns and trends, and looks at possible future strike activity. A close review of recent strike activity could help portend what we can continue to expect in 2024 – and beyond.
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Apr 22, 2024 | 
mondaq.com | Joshua Fox
Welcome to Client Corner: Perspectives from Founders,
Financiers, and Friends, a new Mintz On Air podcast
series hosted by Mintz Member Joshua Fox that explores the dynamics of
starting and running a business, investing in a business, and
helping to support a business — through insights shared by
entrepreneurs, investors, and members of the start-up community.
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Apr 12, 2024 | 
natlawreview.com | Joshua Fox
On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir.
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Apr 5, 2024 | 
mondaq.com | Mark Theodore |Joshua Fox |Shanice Z. Smith-Banks
Declaring the NLRB's rationale to be "nonsense,"
on March 26, 2024, a unanimous three-judge panel for the United
States Court of Appeals for the District of Columbia inStern Produce Company
Inc v. NLRB, refused to enforce the agency's finding
of unfair labor practices.
The Court held that the petitioner-produce company did not
create the impression of surveillance of organizing activity and
did not retaliate against an employee for participating in
unionization efforts.
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Mar 29, 2024 | 
lexblog.com | Mark Theodore |Joshua Fox |Shanice Z. Smith-Banks
Joshua S. Fox is a senior counsel in the Labor & Employment Law Department and a member of the Sports, Labor-Management Relations, Class and Collective Actions and Wage and Hour Groups. As a member of the Sports Law Group, Josh has represented several Major League Baseball Clubs in all aspects of the salary arbitration process, including the Miami Marlins, Boston Red Sox, Los Angeles Dodgers, Kansas City Royals, San Francisco Giants, Tampa Bay Rays and Toronto Blue Jays.
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Mar 29, 2024 | 
laborrelationsupdate.com | Mark Theodore |Joshua Fox |Shanice Z. Smith-Banks
Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce the agency’s finding of unfair labor practices. The Court held that the petitioner-produce company did not create the impression of surveillance of organizing activity and did not retaliate against an employee for participating in unionization efforts.
