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2 months ago | 
natlawreview.com | Steven M. Swirsky
As expected, the Trump administration has shifted the National Labor Relations Board (“NLRB”) into a new era marked by notable changes that will reshape the Board. The first and most significant of these changes is the termination of Board Member Gwynne Wilcox. The second is the termination of General Counsel Jennifer Abruzzo.
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Oct 25, 2024 | 
jdsupra.com | America Garza |Ann Knuckles Mahoney |Steven M. Swirsky
Retail employers in New York State will have to face new requirements beginning on March 4, 2025, as a result of the recent enactment of the State’s Retail Worker Safety Act (“Act”). The Act will impose the State’s latest employment obligations on retail employers, mandating violence prevention training and precautionary workplace measures.
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Sep 26, 2024 | 
natlawreview.com | Steven M. Swirsky
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 26, 2024 | 
natlawreview.com | Steven M. Swirsky
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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Jul 3, 2024 | 
jdsupra.com | Paul DeCamp |Steven M. Swirsky
The Supreme Court’s June 28 decision to overrule the 40-year-old case of Chevron U.S.A. v. Natural Resources Defense Council should not be cause for alarm. It is, however, likely to have implications for employers that are subject to the myriad of workplace laws administered by the United States Department of Labor, the National Labor Relations Board and other executive branch bodies. Why the Buzz About Chevron?
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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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May 1, 2024 | 
natlawreview.com | Steven M. Swirsky
On Friday, March 29, 2024, the U.S. Occupational Safety and Health Administration (OSHA) issued a final rule, effective May 31, that permits non-employees to accompany and advise OSHA officials during workplace safety and health inspections. The new rule (the “Walkaround Rule”) will authorize workers to designate or select another employee or a non-employee to act as their representative during OSHA safety inspections.
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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...
