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…
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: Ronald J. Kramer, Esq.
Earlier today, April 16, 2014, the Fifth Circuit Court of Appeals denied the NLRB’s petition for rehearing en banc in D.R. Horton v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013). D.R. Horton is the decision in which the Fifth Circuit reversed the NLRB’s determination (357 NLRB No.…
By: Anne D. Harris, Esq.
Despite heavy criticism and the Court of Appeals for the Fifth Circuit’s recent invalidation of the National Labor Relations Board’s (“NLRB”) D.R. Horton decision, the NLRB has not revised its position on class action waivers in employment arbitration agreements. Perhaps not surprisingly, the Board has not only ignored the…
In NLRB v. Arkema, Inc., the Fifth Circuit Court of Appeals recently dealt the Board a setback, finding that the employer (Arkema) did not violate the National Labor Relations Act when it disciplined a union-supporter for threatening another employee before an election and when it distributed an anti-harassment reminder to…
In a case that directly affects the future of employment arbitration in the U.S. and the ability of U.S. employers to protect themselves against costly and often frivolous class action claims, briefs were filed this week by business groups, including an amicus brief that Seyfarth Shaw filed on behalf of the…
