Seyfarth Synopsis: On June 27, 2016, a federal district court in Lubbock Texas issued a nationwide preliminary injunction preventing the Department of Labor’s new persuader regulations from taking effect this July 1, 2016.
The United States District Court for the Northern District of Texas dealt the Department of Labor (DOL) a
On June 27, 2016, a federal district judge in Lubbock Texas entered a nationwide injunction against the Department of Labor and related federal officials and agencies prohibiting enforcement of the new DOL persuader rules. The decision is attached here Decision.
Seyfarth Synopsis: The Fifth Circuit upheld the NLRB’s expedited union election rules on Friday, rejecting an appeal from construction-industry employers and small businesses
The U.S. Court of Appeals for the Fifth Circuit upheld the National Labor Relations Board’s expedited election rules, rejecting an appeal by the Associated Builders and Contractors of
By: Howard M. Wexler, Samuel Sverdlov & Kyllan B. Kershaw
Seyfarth Synopsis: Board panel found that long-term care facility acted for an “independent unlawful purpose” when it permanently replaced striking workers allegedly in order to teach the union and strikers a lesson and to avoid future strikes.
Ever since the Board’s decision in
Seyfarth Synopsis: The NLRB’s General Counsel seeks to impede an employer’s ability to extract a union that lacks the support of a majority of bargaining unit members by requiring in all cases a decertification election prior to withdrawal of recognition absent union agreement.
NLRB General Counsel Richard Griffin wants the
By: Christopher W. Kelleher, Esq.
Seyfarth Synopsis: NLRB claims that employers violate Section 8(a)(1) of the NLRA by misclassifying employees as independent contractors, thereby restraining and coercing employees in the exercise of their rights guaranteed under Section 7 of the Act.
The NLRB’s Regional Director in Los Angeles has issued a complaint against Intermodal Bridge
Seyfarth Synopsis: DOL states that the Rule is only applicable to arrangements and agreements made on or after July 1, 2016, and to payments made pursuant to arrangements and agreements entered into on or after July 1, 2016.
As a follow-up to our recent blog post regarding the motion for
By: Karla Sanchez, Esq.
In a recent blog post (here), we discussed the Board decision changing the rule concerning captive audience speeches in mail-ballot elections by setting the prohibition (on such speeches) to start 24 hours before the Region is scheduled to mail the ballots, rather than from the date and time
By: Bryan Bienias
This week, the Eighth Circuit Court of Appeals joined the Sixth Circuit in deferring to the NLRB’s Specialty Healthcare standard for determining appropriate bargaining units in union representation cases. The decision is yet another victory for unions seeking to quickly organize relatively small units of employees.
The case, FedEx Freight v. NLRB
By: Skelly Harper
An Illinois state appellate court recently confirmed that Railway Labor Act “minor dispute” preemption is alive and well as a potential defense to state-law retaliatory discharge claims. The case, Hughes v. United Airlines, Inc., involved a former flight attendant’s claim that she was fired for filing a worker’s compensation claim.
The