Labor Relations Update

Subscribe via RSS
Visit Blog
By: Proskauer Rose LLP

Blog Authors

Taylor Arluck
Raymond Arroyo
Alexander J. Blutman
Justin Chuang
Elizabeth Dailey
Daniel H. Dorson
Ross Evans
Laura Fant
Melissa C. Felcher
Joshua Fox
David Gobel
Yonatan Grossman-Boder
Jeffrey A. Horwitz
Larenz D. Jones
Olympia Karageorgiou
Delia Karamouzis
Rachel Kessler
Mallory Knudsen
Michael Kratochvil
Sehreen Ladak
Michael Lebowich
Jake Lee
Daryl Leon
Adam Lupion
Tony S. Martinez
Austin McLeod
Ren Morris
Steven Porzio
Howard Z. Robbins
Paul Salvatore
Shanice Z. Smith-Banks
Yuval Tal
Mark Theodore
Chad Thornton

Latest from Labor Relations Update

On December 27, 2024, the United States Court of Appeals for the Third Circuit (“the Third Circuit” or “the court”) vacated a portion of an NLRB (“the Board”) order requiring Starbucks to compensate two allegedly wrongfully terminated employees for “all direct or foreseeable pecuniary harms” resulting from Starbucks’ alleged unfair labor practices (“ULPs”). The Third…

On December 16, 2024, the U.S. Supreme Court vacated a D.C. Circuit opinion in Hosp. Menonita de Guayama, Inc. v. Nat’l Lab. Rels. Bd., 94 F.4th 1 (D.C. Cir. 2024) that upheld a decision by the National Labor Relations Board (“NLRB” or “Board”) on the successor-bar doctrine, which precludes a new employer from withdrawing…

This week, in an expected decision, the National Labor Relations Board (“NLRB” or “Board”) reinstated its prior “clear and unmistakable” waiver standard—a standard that has been much criticized by the courts—for determining when an employer’s unilateral change to terms and conditions of employment violates the National Labor Relations Act (“NLRA” or “Act”), asserting that the…

On December 11, 2024, the U.S. Senate voted 49-50 against invoking cloture on President Biden’s nomination of Lauren McFerran (Democrat appointee) for the National Labor Relations Board (“NLRB” or “Board”). As reported here, President Biden also nominated Seyfarth Shaw partner, Joshua Ditelberg (Republican appointee), when he nominated McFerran in May 2024.

U.S. Senate Majority…

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…

For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025.

While we anticipate that President-elect Trump will immediately terminate the current General Counsel (and Deputy General Counsel)—just as President Biden did on his first…

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…

On November 8, 2024, in Siren Retail Corp d/b/a Starbucks, the National Labor Relations Board (the “Board”) ruled that employers may violate the National Labor Relations Act (the “Act”) by making statements to workers regarding the impact that unionization would have on the relationship between employees and management, overruling nearly 40 years of NLRB…