Employment Law in Motion
All Articles
NLRB Overrules Longstanding Position on Captive Audience Meetings and Employer Statements During Unionizing Efforts
The National Labor Relations Board (the “Board”) issued two decisions in recent days that substantially deviate from its prior decisions in Babcock & Wilcox Co., 77 NLRB 577 (1948) and Tri-Cast, Inc., 274 NLRB 377 (1985) relating to an employer’s ability to effectively campaign during union organizing in manners long held lawful.
Continue Reading >
SEC v. Jarkesy: Seventh Amendment Jury Trials, Seeking Civil Penalties, and Agency Administrative Actions
The U.S. Supreme Court’s decision in Securities and Exchange Commission v. Jarkesy, 144 S. Ct. 2117 (2024) held that when the SEC seeks civil penalties to punish and deter wrongful conduct, the Seventh Amendment entitles the defendant...
Continue Reading >
NLRB GC Memo Circles Back on Noncompetes and “Stay-or-Pay” Provisions in Employment Agreements
On October 7, 2024, the National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued GC Memorandum 25-01: “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National Labor Relations Act.”
Continue Reading >
SCOTUS Says NLRB Isn’t So Special—NLRB Requests for Preliminary Injunctions Subject to Traditional Standard
In a 9-0 opinion in Starbucks Corporation v. McKinney, 602 U.S. ____ (2024), the U.S. Supreme Court limited the National Labor Relations Board’s (NLRB) ability to readily obtain injunctions under §10(j) of the National Labor Relations Act (the Act) by holding that courts must apply the traditional principles of equity encompassed in the four factors articulated in Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008)—departing from the watered-down “reasonable cause” and “just and proper” standard.
Continue Reading >
Update on Jurisdictions Exceeding Washington State’s Minimum Wage in 2025
As we reported recently, the Washington State minimum wage beginning January 1, 2025, will be increased to $16.66 per hour. As explained in our prior blog post, this new state wage also impacts the salary exempt levels required.
Multiple jurisdictio...
Continue Reading >
Washington State Announces New Compensation Levels for 2025: Minimum Wage and Salary Exemptions Unveiled
Washington State has announced its new minimum wage, exempt salary level, and other compensation levels for 2025. All of the following will be in effect as of January 1, 2025:
Washington State minimum wage: $16.66 per hour.Note: We are still wa...
Continue Reading >