Authors: Michael D. Berkheimer and Jennifer L. Mora
On June 28, 2024, the United States Supreme Court, in Loper Bright Enterprises v. Raimondo ended four decades of deference to federal agency action under Chevron and ushered in a new era of administrative law. What Loper Bright means for National Labor Relations Board (NLRB) decisions, however,
By: Michael Berkheimer, Cary Burke, and Sage Fishelman
In an opinion drafted by Justice Thomas and joined by seven other Justices, the U.S. Supreme Court on June 13, 2024, vacated the Sixth Circuit Court of Appeals’ affirmation of an injunction issued under Section 10(j) of the National Labor Relations Act (“Act”). In doing
By: John Phillips and Ken Dolin
Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful conduct away from the bargaining table, (2) not even one of the employer’s proposals being unlawful
By: Jennifer L. Mora and Elliot Fink
On April 8, 2024, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 24-04, which builds on previous GC memoranda from 2021 and 2022 where General Counsel Abruzzo announced her intention to pursue broad remedies, such as consequential damages, against employers who
By: Danielle Shapiro
Seyfarth Synopsis: Last Friday, March 8, 2024, the United States District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (“NLRB”) 2023 Joint Employer rule (“2023 Rule”) finding that it was both unlawfully broad and arbitrary and capricious.
Background
The 2023 Rule contains the following relevant provisions:
By: Jennifer L. Mora and Elliot R. Fink
Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the applicability of its new Cemex standard, but also foreshadowed an intense appellate review process expected in the
By: John T. Ayers-Mann and Jennifer Mora
Seyfarth Synopsis: On October 30, 2023, the Biden Administration issued a sweeping order on artificial intelligence. Among its numerous provisions, the Order touches on several issues of interest to employers. For employers with labor-related concerns in particular, the most significant provision could be the impact of the provisions
By: Joshua Ditelberg and Cary Burke
On October 26, 2023, the National Labor Relations Board published its newest Standard for Determining Joint Employer Status in the Federal Register, which becomes effective 60 days from publication. In many ways, the Rule draws its essence from the Board’s previous joint-employer doctrine, in which the Board held
By Alex Meier & Cary Reid Burke
The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a consolidated complaint alleging that certain restrictive covenants contained in offer letters and policies in an
By: Molly Gabel and Rachael Reed
On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor Relations Act (NLRA) to include statutory employees’ efforts to advocate for nonemployees. To reach
