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NLRB’s Ban on Anti-Union Captive Audience Meetings: A Shift in Worker Rights

The National Labor Relations Board (NLRB) recently delivered a major win for workers’ rights, ruling that mandatory anti-union meetings, commonly known as “captive audience” meetings, violate federal labor law. This groundbreaking decision signifies a long-sought victory for unions, which have argued that such meetings unfairly restrict workers’ freedom to choose union representation without coercion. What […]

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New NLRB Ruling Alters Decades of Precedent on Employer Communication During Union Campaigns

On November 8, 2024, the National Labor Relations Board (NLRB) issued a groundbreaking ruling. The decision reversed nearly 40 years of precedent, impacting how employers can discuss unionization’s effects on employee-management relations. The Board ruled that certain statements by employers regarding the consequences of unionization could violate the National Labor Relations Act. Background The origins

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Starbucks Forced to Bargain with Union by NLRB Judge

In a major development in the ongoing labor dispute at Starbucks, the National Labor Relations Board’s (NLRB) Administrative Law Judge Jeffrey P. Gardner ruled that the company must bargain with the Workers United union at its Great Neck, New York, Starbucks location, even though the workers at that location voted against joining the union in

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Employers Beware: Delaware Court’s Ruling in Yellow Case Could Mean Greater Pension Withdrawal Liability

In a Delaware bankruptcy court decision issued on September 13, Judge Goldblatt ruled that bankrupt employer Yellow Corp. must pay at least a portion of $6.5 billion in pension liabilities to 11 multiemployer pension plans (MEPPs). Following the court’s ruling, employers should prepare to face liability for withdrawing from an MEPP that received federal relief

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New OSHA Heat Injury and Illness Prevention Rule: What Employers Need to Know

In response to the growing concerns about the dangers of heat exposure in the workplace, OSHA has proposed a new rule aimed at preventing heat-related injuries and illnesses. With extreme heat becoming more common due to climate change, this rule could be a game-changer for millions of workers across various industries. Let’s dive into what

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The NLRB’s Cemex Case: A changed framework in union representation proceedings

On August 25, 2023, the National Labor Relations Board (“the NLRB” or “Board”) issued a decision in Cemex Construction Materials Pacific LLC, 372 NLRB No. 130 (2023). The Cemex decision establishes a new framework that governs an employer’s responsibilities when presented with a union demand for recognition. The decision has significant impact on employers, as it

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UPDATE: Judge Strikes Down Ban on Noncompete Agreements

A federal judge in Texas, Ada Brown, ruled against a U.S. Federal Trade Commission (FTC) rule that would have banned noncompete agreements, which prevent workers from joining competitors or starting rival businesses. The judge argued that the FTC lacks the authority to impose such a broad ban and criticized the agency for not providing sufficient

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Supreme Court Limits NLRB’s Power in Landmark Starbucks Case: What It Means for Labor Organizing

In a decision with far-reaching implications for labor rights, the U.S. Supreme Court has ruled in favor of Starbucks, significantly restricting the National Labor Relations Board’s (NLRB) ability to intervene in cases where companies are accused of suppressing labor organizing. The ruling, handed down on Thursday, makes it more challenging for the NLRB to secure

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Meta’s Layoff Agreements Deemed Illegal: What It Means for the Future of Severance Packages

In a ruling that could have far-reaching consequences beyond the tech giant Meta, a U.S. judge has determined that the separation agreements the company offered to employees during its 2022 mass layoffs were illegal. This decision has sparked discussions about the future of severance agreements across industries. Meta’s Confidentiality Clauses The case centers around the

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U.S. Judge Blocks Controversial Department of Labor Rule

In a significant legal development, a U.S. judge has halted the implementation of a new Department of Labor (DOL) rule that aimed to redefine who qualifies as a fiduciary in the retirement planning industry. An overview of the “Retirement Security Rule” Unveiled in April, the DOL’s “Retirement Security Rule” sought to broaden the definition of

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