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2 months ago | 
natlawreview.com | Joshua Fox
On January 21, 2025, the U.S. Court of Appeals for the Ninth Circuit enforced a National Labor Relations Board (“NLRB” or the “Board”) order requiring Macy’s to provide workers with heightened remedies in response to an unfair labor practice (“ULP”) charge. As reported here, the Court’s ruling creates a split with the Third Circuit on available remedies under the National Labor Relations Act (“NLRA” or the “Act”).
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Dec 3, 2024 | 
natlawreview.com | Joshua Fox
On November 26, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 25-02 to all Regional Directors, Officers-in-Charge, and Resident Officers, seeking to ensure that settlement agreements based on unfair labor practice allegations adequately address the public rights implicated by potential violations of the National Labor Relations Act (“NLRA” or the “Act”).
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Nov 22, 2024 | 
natlawreview.com | Joshua Fox
On November 18, 2024, the U.S. Court of Appeals for the Fifth Circuit heard oral argument on cases involving Amazon.com Inc. and SpaceX, respectively, challenging the constitutionality of the National Labor Relations Board (“NLRB” or the “Board”) in several respects. In both cases, the companies seek to halt underlying Board proceedings to allow a federal court to rule on their constitutional claims.
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Nov 4, 2024 | 
natlawreview.com | Lynn L. Bergeson |Lisa Campbell |Joshua Fox |Jeffrey Horwitz
Skip to main content November 04, 2024 Volume XIV, Number 309 Legal Analysis. Expertly Written. Quickly Found.
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Oct 23, 2024 | 
natlawreview.com | Joshua Fox
On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National Labor Relations Board (“NLRB” or the “Board”) framework for responding to union organizing, outlined in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023) (“Cemex”). The panel of judges consisted of Judges Richard Clifton, Jennifer Sung, and Gabriel Sanchez.
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Oct 11, 2024 | 
mondaq.com | Laura Fant |Joshua Fox
On October 7, 2024, the National Labor Relations Board's ("NLRB" or the "Board") General Counsel, Jennifer Abruzzo, released MEMORANDUM GC 25-01, titled "Remedying the Harmful Effects of Non-Compete and "Stay-or-Pay" Provisions that Violate the National Labor Relations Act." GC Abruzzo states in the memo that she intends to urge the Board to find certain noncompetes unlawful and that certain "stay-or-pay" provisions – such as training repayment agreements, educational repayment contracts, and...
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Oct 9, 2024 | 
lexology.com | Shanice Z. Smith-Banks |Laura Fant |Joshua Fox
On October 7, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released MEMORANDUM GC 25-01, titled “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National Labor Relations Act.” GC Abruzzo states in the memo that she intends to urge the Board to find certain noncompetes unlawful and that certain “stay-or-pay” provisions – such as training repayment agreements, educational repayment contracts, and...
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Sep 27, 2024 | 
natlawreview.com | Joshua Fox
On September 25, 2024, the U.S. Senate adjourned for a lengthy recess and is not set to return until November 12th, after the upcoming election. The adjournment comes before the Senate was able to vote on two of President Biden’s nominees for the National Labor Relations Board (“NLRB” or the “Board”), including Board Chair, Lauren McFerran and Seyfrath Shaw partner, Joshua Ditelberg, who were nominated earlier this year.
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Sep 17, 2024 | 
natlawreview.com | Joshua Fox
On September 12, 2024, the Regional Director for Region 22 (Newark) filed a complaint against Planned Companies, a building maintenance and services provider based in New Jersey alleging that its use of no-poach agreements with its clients violates Section 8(a)(1) and 8(a)(3) of the National Labor Relations Act (the “Act”).
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Sep 4, 2024 | 
natlawreview.com | Joshua Fox
On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside of work were not constructively discharged when they resigned because they did not engage in protest activity for the purpose of mutual aid or protection. Employees of the respondent bar attended outside BLM demonstrations during off-duty hours.
