Search

Search form

Thomas V. WalshBlog Posts

See all

  • District Court Upholds New York City Hotel Severance Law

    In a decision of great import to the New York City hospitality industry, a federal court has held that a New York City statute mandating payment of severance benefits to certain covered hotel service employees was not preempted by ERISA. RHC Operating, LLC v. City of New York, 1:21-cv-09322-JPO (S.D.N.Y. Mar. 30, 2022). Background Like...
    April 26, 2022
  • Alabama Court Temporarily Enjoins All Picketing in Mine Workers Strike

    Strikes have been in the news recently. Employers faced with a strike, or a possible strike, often wish to know their legal options, including whether they may seek injunctive relief. The short answer is that federal law prohibits courts from enjoining employees’ exercise of their right to lawfully strike. However, courts may enjoin unlawful strike... Continue Reading
    December 13, 2021
  • Build Back Better Act Update: Committee Releases Labor Provisions for Inclusion in Senate Vote

    The Build Back Better Act passed the House on November 19, 2021. It contains controversial provisions on many subjects, including new employer penalties under the National Labor Relations Act (NLRA). On December 11th, the Senate Committee on Health, Education, Labor, and Pensions released its version of the provisions of the Build Back Better bill on... Continue Reading
    December 13, 2021
  • UPDATE House Passes Build Back Better Bill Retaining Heavy New Penalties for Employer NLRA Violations

    The media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor Relations Act (NLRA). It appeared that some of the most aggressive of those penalties would not reach the final bill voted on... Continue Reading
    November 22, 2021
  • Build Back Better Reconciliation Bill Includes Heavy New Penalties for Employer Violations of NLRA

    The media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor Relations Act (NLRA). The political roadblock on the bill is a probable Senate filibuster which would prevent passage. The Biden... Continue Reading
    October 29, 2021
  • GC Abruzzo’s Aggressive Remedial Agenda Begins

    On October 8, 2021, the National Labor Relations Board (NLRB) West Los Angeles regional office issued an unfair labor practice (ULP) complaint against the Daily Grill for allegedly violating section 8(a)(5) of the National Labor Relations Act (NLRA) by engaging in a pattern of delay intended to frustrate the bargaining process, according to the NLRB... Continue Reading
    October 19, 2021
  • NLRB General Counsel Instructs Regions to Seek Enhanced Penalties NOW

    As we discussed in our recent report on National Labor Relations Board General Counsel (“GC”) Jennifer Abruzzo’s August 12th agenda for the direction of NLRB case law, employers should be ready for an aggressive expansion of remedies that the NLRB will seek. In the short time since the GC’s memorandum was published, NLRB Chairman McFerran... Continue Reading
    September 10, 2021
  • Third Time the Charm? NLRB to Revisit Rights of Contractor Employee Access to Employer Property

    The National Labor Relations Board (NLRB) must reconsider its newest ruling on the rights of certain employees to access private property to engage in activity on behalf of a union, the U.S. Court of Appeals for the District of Columbia has directed in an August 31, 2021, decision remanding NLRB v. Local 23, American Federation... Continue Reading
    September 10, 2021
  • Recent Senate Confirmations Cement Democrat Control of NLRB

    The Senate confirmed two union lawyers – David Prouty and Gwynne Wilcox – to seats on the National Labor Relations Board (NLRB) on July 28, 2021, ensuring a Democratic majority for the first time in almost four years. This follows the Senate’s confirmation of Jennifer A. Abruzzo, President Joe Biden’s nominee for General Counsel of... Continue Reading
    August 2, 2021
  • NLRB Refuses to Deflate ‘Scabby the Rat’

    A union’s use of Scabby the Rat (an inflatable rat “approximately 12 feet in height with red eyes, fangs, and claws”) and inflammatory banners targeting a neutral employer, without more, does not violate the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) has ruled. Lippert Components Inc., 371 NLRB No. 8 (July... Continue Reading
    July 27, 2021

Pages