Under the Biden Administration, the National Labor Relations Board (“NLRB”) was aggressive in expanding remedies available to those allegedly impacted by unfair labor practice charges. On October 31, 2025, the Fifth Circuit Court of Appeals held that certain damages ordered by the NLRB exceeded the scope of the NLRB’s statutory authority. The NLRB had ordered
NLRB Structure Unconstitutional?
The Fifth Circuit Court of Appeals recently held that the statutory removal protections for members and administrative law judges of the National Labor Relations Board are likely unconstitutional under separation of powers principles. The Court determined that these protections deprive the President of the necessary level of control over officers of the executive branch. Based
Philadelphia Employers Face New Requirements Under the POWER Act
The City of Philadelphia recently enacted the Protect Our Workers, Enforce Rights Act (“POWER Act”), which imposes a variety of new requirements for most employers operating within the City limits. The POWER Act extends additional protections for workers in several areas, including paid sick leave, wage theft protections for misclassified independent contractors and immigrant workers,
Change in Status Quo Renders Striking Employees Eligible for Unemployment Compensation Benefits
The Commonwealth Court of Pennsylvania recently held that employees on strike were entitled to unemployment compensation (“UC”) benefits for the duration of their work stoppage because their employer had taken steps not expressly authorized by the applicable (though expired) collective bargaining agreement (“CBA”) and plan documents. ATI Flat Rolled Prods. LLC v. UCBR, 332
Employers’ Game Plan for Managing March Madness at Work
As winter turns to spring, the NCAA men’s and women’s college basketball tournaments are in full swing. March Madness is often viewed as an excellent way to build team spirit in the workplace — a little friendly competition never hurts anyone … right?
Impact on Workplace Productivity
There is a stigma that March Madness detrimentally
NLRB Prohibits Captive Audience Meetings
The National Labor Relations Board (“NLRB”) issued a decision finding that an employer violates the National Labor Relations Act (“NLRA”) by requiring employees to attend meetings in which the employer expresses its views on unionization. The decision, Amazon.com Services LLC, was issued on November 13, 2024 and overruled precedent dating back to 1948.
Under
FTC’s Noncompete Ban Set Aside by Federal Court
On Tuesday, August 20, 2024, a federal judge in Texas set aside the Federal Trade Commission (“FTC”) Rule banning the use of noncompete agreements in employment, which was set to take effect on September 4, 2024. The judge held that the FTC exceeded its statutory authority in making the Rule, and that the Rule violated
Political Discourse in the Workplace: Considerations for Employers
With a presidential election just around the corner, employers can expect to see an uptick in political discussions in the workplace, if they haven’t already. The days when coworkers typically refrained from discussing politics and religion have passed. However, what is permitted and required of employers with respect to politics in the workplace these days
Pennsylvania Imposes New Limitations on Health Care Noncompetes
On July 17, 2024, Pennsylvania passed a new law concerning noncompete agreements within the healthcare industry, which is known as the Fair Contracting for Health Care Practitioners Act (the “Act”). The Act will take effect on January 1, 2025, and brings significant changes impacting how noncompete agreements can be used and enforced within healthcare industry.
Supreme Court Imposes Tighter Standard for NLRB to Obtain Injunctive Relief
The Supreme Court of the United States recently unanimously ruled against the National Labor Relations Board (“NLRB”) in Starbucks Corp. v. McKinney. The decision reversed the NLRB’s attempt to change the standard for evaluating the right to injunctive relief, and requires courts to analyze four factors before issuing a preliminary injunction to restrict