- Posts by Thomas LenzPartner
Thomas Lenz is a recognized authority on labor and employment law and all issues pertaining to the National Labor Relations Board (NLRB). He advises, trains, and represents employers on a wide range of labor and employment matters. ...
Strike and picketing activity have historically enjoyed broad protection under labor law. This has often left employers suffering property or other damage as a result of strikes or picketing without a meaningful remedy. A new U.S. Supreme Court ruling stands to change that.
Employers may sue unions when members fail to take “reasonable precautions” to protect their employer’s property, even when the union members are engaged in a strike. On June 1, 2023, the Supreme Court ruled in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174 (No. 21–1449), that an employer can bring state law claims for damages if union members engage in actions that expose their employer’s property to “foreseeable, aggravated, and imminent danger due to the sudden cessation of work.”
In a 7-2 decision authored by Justice Alito, the U.S. Supreme Court reaffirmed the ministerial exception set forth in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 565 U.S. 171 (2012). (Our Lady of Guadalupe School v. Morrissey-Berru, Case Nos. 19-267 and 19-348 (July 8, 2020)(“OLG”)).
The U.S. Supreme Court’s 4-4 ruling on March 29, 2016 in the Friedrich’s case leaves unions’ agency fees intact for now. It remains possible that the Court could revisit the same questions at some point in the future. The Friedrich’s case involves the public sector workplace, where government workplaces, public budgets, and Constitutional limitations can create unique labor relations issues ...
On June 26, 2014, the United States Supreme Court, in a 9-0 decision, ruled that three recess appointments President Obama made in 2012 to the National Labor Relations Board (“NLRB”) were invalid. The Court affirmed the decision of the District of Columbia Circuit Court of Appeals, focusing on the language of the Recess Appointment Clause of the Constitution, which it weighed against the historical ...
In 2011 the National Labor Relations Board ordered private sector employers nationwide to post a Notice of Rights. While no such posting is required by the law itself, the NLRB justified the posting requirement on the basis of regulations and a need for public awareness of workplace rights. That said, the list of rights was not comprehensive, and selectively included the right of employees to form and organize ...
A second federal appellate court has rejected the National Labor Relations Board’s mandate that private sector employers post a Notice spelling out some, but not all, of employees' workplace rights. The ruling in Chamber of Commerce v. NLRB comes from a lawsuit brought in South Carolina to challenge the poster regulation.
Earlier, the District of Columbia Circuit Court of Appeals had rejected the NLRB's ...
On May 7, a federal court of appeals in Washington, DC ruled that the National Labor Relations Board cannot require private sector employers across the country to post a workplace poster which advises employees of certain rights under the National Labor Relations Act. Citing free speech concerns and a lack of balance in favoring a unionized workplace, the court struck a further blow against NLRB's proposed ...
In January 2013 the District of Columbia Circuit Court of Appeals put the validity of hundreds of NLRB case decisions and regulatory actions in doubt. In a ruling involving Noel Canning, a Washington State company accused of unfair labor practices, the Court determined that two of the three Board members ruling against the employer lacked authority due to unconstitutional appointments from the President ...
On January 25, 2013 the Court of Appeals for the District of Columbia Court of Appeals refused to enforce an NLRB ruling involving unfair labor practice allegations against employer Noel Canning.
In a dispute with Constitutional and political implications, the Court ruled that two of the three members of the NLRB panel, whose ruling was appealed, were not validly appointed. The appointment and authority ...
As we previously reported here, the National Labor Relations Board (NLRB) made rules which required private sector employers across the country to post a Notice of Rights. This Notice provided a listing of employee rights under federal labor law including the right to form and join unions, to discuss and protest working conditions, and to refrain from such activity. Management groups sued the NLRB in an effort to block the rules and stop the mandatory Notice posting.
Other AALRR Blogs
Recent Posts
- California’s Minimum Wage to Increase to $16.50 Per Hour January 1, 2025
- New San Diego County Fair Chance Ordinance Restricts Employers’ Use of Criminal History
- New Los Angeles County Fair Chance Ordinance Restricts Employers’ Use of Criminal History
- Legislation Impacting California Employee Handbook Policies for 2025
- Update on the California Health Care Minimum Wage
- Resources for California Employers to Track and Confirm Their State and Local Minimum Wage Requirements
- 11 Local Minimum Wage Ordinances Poised to Increase on July 1, 2024
- Fast Food Restaurants -- Be Prepared for a DIR Audit
- U.S. Supreme Court Lowers Bar for Proving Discrimination Claims
- Governor Signs Urgency Legislation Exempting Certain Restaurants from New Fast Food Minimum Wage
Popular Categories
- (54)
- (156)
- (39)
- (25)
- (7)
- (42)
- (36)
- (23)
- (15)
- (15)
- (6)
- (7)
- (6)
- (6)
- (9)
- (6)
- (4)
- (2)
- (3)
- (2)
- (2)
- (2)
- (2)
- (3)
- (3)
- (1)
- (1)
- (2)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
Contributors
- Cindy Strom Arellano
- Sarkis A. Atoyan
- Eddy R. Beltran
- William M. Betley
- Brigham M. Cheney
- Michele L. Collender
- Kevin R. Dale
- Scott K. Dauscher
- Alexandria M. Davidson
- William A. Diedrich
- Paul S. Fleck
- Lauren S. Gafa
- L. Brent Garrett
- Evan J. Gautier
- Carol A. Gefis
- Jennifer S. Grock
- Jonathan Judge
- David Kang
- Nate J. Kowalski
- Joshua N. Lange
- Catherine M. Lee
- Thomas A. Lenz
- David M. Lester
- Martin S. Li
- Jorge J. Luna
- Brian D. Martin
- Ronald W. Novotny
- Michael J. O'Connor, Jr.
- Aaron V. O'Donnell
- Shawn M. Ogle
- Sharon J. Ormond
- Nora Pasin
- Joseph E. Pelochino
- Chesley D. Quaide
- Todd M. Robbins
- Irma Rodríguez Moisa
- Saba Salamatian
- Casandra P. Secord
- Jon M. Setoguchi
- Ann K. Smith
- Amber M. Solano
- Susana P. Solano
- Susan M. Steward
- April Szabo
- Jay G. Trinnaman
- Jonathan S. Vick
- Robert L. Wenzel
- Brian M. Wheeler
- Glen A. Williams
Archives
2024
2023
2022
- November 2022
- October 2022
- September 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
2021
- November 2021
- October 2021
- September 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
2020
- December 2020
- October 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
2019
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
2018
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- March 2018
- February 2018
- January 2018
2017
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- June 2017
- May 2017
- March 2017
- February 2017
2016
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
2015
- December 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- February 2014
- January 2014
2013
- October 2013
- September 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
2011
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011