Labor & Unions

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On May 24, 2024, in Thryv, Inc. v. NLRB, No. 23-60132,  (5th Cir. May 24, 2024), a unanimous three judge panel for the Fifth Circuit Court of Appeals vacated a National Labor Relations Board order finding that the Employer violated the Act when it laid off employees pursuant to the terms of a last best final offer while the parties were bargaining for a successor contract. However, the court declined to rule on whether the Board had authority to issue its new consequential damages remedy – a primary reason this case was being closely watched as it moved through the appeal process.   

Husch Blackwell’s Technology, Manufacturing & Transportation group has published its second-annual Legal Insights for Manufacturing report, covering the top challenges facing U.S.-based manufacturers and including a section on labor and employment law concerns. Per the usual, labor and employment challenges rank at the very top of the list of corporate concerns and will likely continue…

On June 13, 2023, the National Labor Relations Board (NLRB) issued its decision in Atlanta Opera, overruling the Trump-era SuperShuttle DFW, Inc. standard and reverting back to the Obama-era FedEx Home Delivery (FedEx II) standard. Such a shift makes it more difficult for employers to prove workers are independent contractors, thereby giving National Labor Relations Act protections to a broader range of workers and making it easier for workers to organize a union.

General Counsel Abruzzo continues in her efforts to micromanage your workplace by any means possible. She has issued one General Counsel Guidance Memo after another in her attempts to over-regulate your workplace. The basic premise with respect to her most recent GC memo, 23-02, is her alleged concern that electronic surveillance by employers is impairing employees’ ability to engage in protected concerted activity and keeping that activity confidential from their employer. In doing so, the General Counsel refers to case law that is, for the most part, dated and well-known in terms of the “do’s and don’ts” of improper employer surveillance in the workplace.