January 28, 2025 Late Monday, President Trump followed through on his promises to shake up the makeup of the National Labor Relations Board (“NLRB”) by firing General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox. While the change in General Counsel was widely expected, the removal of Board Member Wilcox is an unprecedented move that […]
Posted in: Firm News, Gaetano Urgo, PublicationsBy: Gaetano A. Urgo February 28, 2025 Newly appointed National Labor Relations Board General Counsel William B. Cowen recently rescinded several General Counsel Memos issued by the former General Counsel, Biden-appointee Jennifer Abruzzo. Earlier this month, President Trump appointed Cowen as acting General Counsel. This appointment came two weeks after President Trump terminated then-General Counsel […]
Posted in: Attorney News, Firm News, Gaetano Urgo, PublicationsDecember 12, 2024 Earlier this week, the National Labor Relations Board overturned yet another precedent that affects how employers can run their businesses. The Board overturned the 2019 ruling in MV Transportation, Inc., 368 NLRB No. 66 (2019), which gave employers greater ability to make unilateral changes to their workplace, so long as their actions were covered […]
Posted in: Attorney News, Firm News, Gaetano Urgo, PublicationsDecember 11, 2024 Last month, a federal judge struck down the U.S. Department of Labor’s recently enacted overtime rule. The judge found that the rule exceeded the Department’s statutory authority and vacated the rule and remanded it back to the Department for further consideration in light of the judge’s ruling. Overtime Exemption Under the Fair […]
Posted in: Attorney News, Firm News, Gaetano Urgo, PublicationsDecember 11, 2024 Last month, the National Labor Relations Board issued its decision in Amazon.com Services, LLC, Case 29-CA-280153, and effectuated the General Counsel and Biden Administration’s goal of doing away with captive audience meetings. In doing so, the Board overturned its landmark Babcock & Wilcox decision, a 76-year-old precedent that affirmed employers’ First Amendment […]
Posted in: Attorney News, Firm News, Gaetano Urgo, PublicationsDecember 11, 2024 Last month, the National Labor Relations Board issued a decision in Starbucks, Case No.: 19-CA-290905, that changed the standard for determining the legality of employer statements to employees, specifically with regard to changes in the way employees would be able to communicate with their employer if they voted to unionize. In doing […]
Posted in: Attorney News, Firm News, Gaetano Urgo, PublicationsOctober 18, 2024 Last summer, the National Labor Relations Board drastically changed the landscape of union organizing campaigns in its landmark decision in Cemex Construction Materials Pacific LLC, 372 NLRB No. 130 (2023). The doctrine that came from this decision, which completely changed the playing field for employers faced with a union organizing campaign, is […]
Posted in: Attorney News, Firm News, Gaetano Urgo, PublicationsAugust 7, 2024 Last week, Illinois enacted the Worker Freedom of Speech Act, which prohibits employers from holding captive audience speeches. This new law will restrict Illinois employers from holding such meetings and make it more difficult for employers to express their view as to whether the workforce should unionize. Captive Audience Meetings Defined Captive […]
Posted in: Attorney News, Gaetano UrgoJuly 26, 2024 Today, the National Labor Relations Board rescinded and replaced several amendments that the previous Board made in April of 2020 to its rules and regulations governing the filing and processing of petitions for a Board-conducted representation elections. In doing so, the Board asserts that these new amendments better protect employees’ statutory right […]
Posted in: Attorney News, Gaetano UrgoJuly 25, 2024 The U.S. Supreme Court issued a decision this week that has major ramifications for both the estate planning strategies of shareholders of closely held companies and the formation of closely held companies themselves. In its Connelly decision (Connelly v. United States, 602 U.S. ____ (2024)), the Supreme Court held that a corporation’s […]
Posted in: Attorney News, Gaetano UrgoJuly 25, 2024 The National Labor Relations Board recently filed a motion to dismiss its challenge to a federal court’s order vacating its regulation that would expand joint labor law liability. This change of heart comes amidst a pivotal time for the Democratic Board as its makeup could change drastically due to the upcoming presidential […]
Posted in: Attorney News, Gaetano Urgo, PublicationsThe U.S. Department of Labor (“DOL”) released a Final Rule that substantially increases the salary threshold used to determine if employees are exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”). This Final Rule also increases the annual compensation threshold for determining “highly compensated employees” exempt from overtime requirements and establishes a […]
Posted in: Attorney News, Gaetano UrgoThe U.S. Federal Trade Commission (“FTC”) approved a Final Rule that bans new non-compete clauses in employment contracts and severely limits the enforceability of existing non-competes. In issuing this Final Rule, the FTC asserted, “it is an unfair method of competition – and therefore a violation of Section 5 of the Federal Trade Commission Act […]
Posted in: Attorney News, Gaetano UrgoEarlier today, the National Labor Relations Board (“NLRB”) issued a decision in Cemex Construction Materials Pacific LLC, 372 NLRB No. 130 (2023) that completely changes the playing field for employers faced with a union organizing campaign. The Democratic majority established a new standard which provides for unionization through signed cards rather than votes and requires […]
Posted in: Attorney News, Firm News, Gaetano UrgoIn April of 2022, Mayor Lightfoot and the Commission on Human Rights amended the City’s sexual harassment laws to make them stronger and to uphold zero tolerance of violence and harassment in the workplace. The Chicago Commission on Human Rights has begun enforcing this new ordinance which requires, among other things, that every Chicago employee must receive a dedicated hour of bystander sexual harassment training annually. While New York City had enacted requirements for sexual harassment prevention training, which included bystander training, Chicago’s law differs in that it requires a full, separate hour of bystander training for covered employees. As such, Chicago is the first jurisdiction to require this type of training on its own. Employers have until June 30, 2023, to begin providing this training.
Posted in: Attorney News, Firm News, Gaetano UrgoOn November 5, 2021, OSHA issued an Emergency Temporary Standard (“ETS”) to protect workers from COVID-19. The ETS covers employers with 100 or more employees and requires covered employers to develop, implement, and enforce a mandatory COVID-19 vaccination policy unless the employer adopts a policy requiring employees to choose either to be vaccinated or undergo […]
Posted in: Attorney News, Firm News, Gaetano UrgoWashington, D.C.
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