Executive Summary: On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA) exemption from arbitration for any “class of workers engaged in foreign or interstate commerce” is limited to workers whose employers are in the transportation industry. In Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. ____ (2024), the Supreme Court unanimously held that a transportation worker does not need to work in the transportation industry to be exempt from coverage under Section 1 of the FAA.
Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).
U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies
On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry. In Bissonnette v. LePage Bakeries Park St., LLC,1 the Supreme Court unanimously held Section 1 of the FAA exempts classes of
Top Five Labor Law Developments for March 2024
A Texas federal judge struck down the National Labor Relations Board’s new joint-employer rule. U.S. Chamber of Commerce v. NLRB, No. 6:23-cv-00553 (E.D. Tex. Mar. 8, 2024).
Enforcing Policy to Keep Vehicle Dashcam On At All Times Does Not Violate NLRA, According to D.C. Circuit
A manager texting one of his drivers who covered the truck’s inward facing camera while stopping for lunch – “you can’t cover the camera it’s against company rules” – is not unlawful under the National Labor Relations Act (NLRA), according to a recent decision by the D.C. Circuit Court of
D.C. Circuit: NLRB Must Weigh Contract-Based Defenses and Enforce Lawful CBA Provisions
The NLRB is required to recognize lawful collective bargaining agreements, and as such, has a duty to determine whether CBA language directly or indirectly excuses an employer from responding to a Request for Information. Contractual grievance and arbitration procedures may be an appropriate vehicle for deciding some RFI disputes. Emergency
Ensuring Your Severance Agreements Are Lawful
By: Ensuring Your Severance Agreements Are Lawful
By: Ensuring Your Severance Agreements Are Lawful
Approximately one year ago, we reported on the National Labor Relations Board’s decision in McLaren Macomb and NLRB General Counsel Jennifer Abruzzo’s subsequent interpretation of that decision and what it means for employers in NLRB GC Memorandum 23-05.<!–StartFragment
The Practical NLRB Advisor: Spring 2024
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2024 issue of the Practical NLRB Advisor.
EntertainHR: How Employers Can Avoid a ‘Technical Foul’ When Faced with Union Organizing
With March Madness in full swing, thousands of us will gather around to watch young, talented athletes battle for the coveted National Title. Many of us are drawn to college basketball because of what it represents: young, motivated students playing their hearts out in the hopes of having a career
Dartmouth Refuses to Play Ball; Will it Draw a Charge?
True March Madness: NLRB Declares That Dartmouth Basketball Players Are Employees
By: True March Madness: NLRB Declares That Dartmouth Basketball Players Are Employees
In December, this blog alerted readers that in Memorandum GC 21-08, the National Labor Relations Board’s (NLRB) General Counsel Abruzzo declared that certain student-athletes “at Academic Institutions are employees under the Act, . . . . [and] misclassifying such
Labor Law Update Spring 2024
Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. The Spring 2024 issue includes:
A Rocky Mountain Remix for Protected Concerted Activity: Colorado Adopts Rules for the Protections of Public Workers Act, Creating NLRA Section 7-Like Rights and Remedies
Colorado agency issues rules governing the Protections for Public Workers Act (PROPWA), which provides Section 7-type rights to certain Colorado public employees. The rules, which clarify protected activity, reserve certain public employer rights, and establish enforcement mechanisms, take effect July 1, 2024.
Texas Federal Judge Strikes Down NLRB’s New Joint-Employer Rule
On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be deemed joint employers.
Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule
On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be deemed joint employers.
Texas Federal Judge Struck Down Labor Board’s New Joint-Employer Rule
A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553 (Mar. 8, 2024).
The rule, which was set to take effect March 11, 2024,