Podcasts about national labor relations board nlrb

Mark Mix, is President of the National Right to Work Committee which is a 2.8-million-member public policy organization. He also serves as President of the National Right to Work Legal Defense Foundation. Latest updates in the legal battle over Trump's ability to remove members of the National Labor Relations Board (NLRB).

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Tom Davis (shareholder, Nashville) and Tom Stanek (shareholder, Phoenix)—both of whom are chairs of the firm's Traditional Labor Relations Practice Group—are joined by Sara E. Olschewske (shareholder, Greenville) to provide the latest updates from the National Labor Relations Board (NLRB). Our speakers reflect on the NLRB under the former administration, when the agency overruled significant precedent and created new rules, most of which dramatically favored labor unions—and how the change in administration has created the opportunity to appoint a new general counsel and two new Board members. The panel also offers insights into what lies ahead for employers in light of the changes brought by the new administration and, in particular, what changes new leadership at the agency may bring to the NLRB and how quickly changes will be implements, and how will they impact employers.

In part one of this two-part Workplace Strategies Watercooler 2025 podcast series on changes employers can expect from the new administration, Jim Plunkett (shareholder, Washington, D.C.) sits down with Scott Kelly (shareholder, Birmingham) to discuss the current status and challenges faced by federal contractors following changes at the Office of Federal Contract Compliance Programs (OFCCP) due to President Trump's Executive Order 14173, including the revocation of EO 11246, compliance options, and ongoing obligations under federal anti-discrimination laws. Next, Jim speaks with John Merrell (shareholder, Greenville) regarding expected changes in traditional labor policy, including the makeup of the National Labor Relations Board (NLRB), the role of the general counsel, and the NLRB's case priorities, standards, and decisions. Finally, Jim talks with Wayne Pinkstone (shareholder, Philadelphia) about anticipated changes within the Occupational Safety and Health Administration (OSHA) during President Trump's second term, including the administration's regulatory agenda, the fate of the heat stress rule proposed under the previous administration, and the overall leadership and enforcement of the agency.

Lynn Rhinehart, Senior Fellow at the Economic Policy Institute, and Lauren McFerren, Senior Fellow at The Century Foundation and former National Labor Relations Board (NLRB) chairman, joined the America's Work Force Union Podcast to discuss threats to labor law and worker protections through the dismantling of federal agencies, attempts to invalidate NLRB decisions and what this means for workers' rights and union representation. Pat Gallagher, President of the North Coast Area Labor Federation, joined the America's Work Force Union Podcast to discuss Utah's recent collective bargaining battle, his meeting with U.S. Congressmen Ro Khanna, and the Ohio AFL-CIO's upcoming legislative conference.

With presidential power over independent federal agencies entering uncharted territory, SCOTUS may soon revisit its 1935 Humphrey's Executor decision, which limits a president's ability to fire members of independent federal agencies—such as the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission—without cause. SCOTUS could choose to:          reaffirm Humphrey's Executor,          overturn the case entirely (potentially politicizing agency functions), or          define “for cause” and allow terminations only under stringent circumstances. Former Acting Attorney General of the United States and Epstein Becker Green attorney Stuart Gerson explores how a shift in this precedent could impact employers, industries, and the balance of federal power. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw386 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Brad Asay, Vice President of the Utah AFL-CIO and President of the American Federation of Teachers- Utah, joined the America's Work Force Union Podcast to discuss recent legislation banning public sector collective bargaining, the coalition's efforts to overturn the law through a ballot referendum and the challenges they face in gathering signatures before an April 16 deadline. Andrew Strom, a labor lawyer, OnLabor contributor and adjunct professor at Brooklyn Law School, joined the America's Work Force Union Podcast to discuss the state of the National Labor Relations Board (NLRB), the implications of the Trump administration's legal theories on the NLRB's independence and the impact the NLRB is having on workers' rights while under threat.

Lynn Rhinehart, a Senior Fellow at the Economic Policy Institute and former General Counsel of the AFL-CIO, joined the America's Work Force Union Podcast to discuss the dismantling of the Federal Mediation and Conciliation Service (FMCS), the broader implications of Trump's executive orders on federal unions and potential consequences for the National Labor Relations Board (NLRB). Matt Biggs, President of the International Federation of Professional and Technical Engineers (IFPTE), joined the America's Work Force Union Podcast to discuss the strained U.S.-Canada relations, the executive order targeting federal employee collective bargaining rights and the impact recent federal actions have had on immigration judges and Social Security administrative law judges.

As news hit that President Trump fired the two remaining Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter, many questions abound. Would Commissioners Bedoya and Slaughter contest the dismissals? (The answer there appears to be an emphatic yes – with both issuing statements last night to that effect.) Another question: what will this mean for day-to-day operations at the Commission, including the ability for the FTC to continue to bring actions with only two commissioners of the same party, an issue my colleagues cover in a separate post here. Perhaps the biggest question – with implications far beyond our day-to-day advertising and privacy worlds – is whether the Supreme Court will overturn its 1935 decision in Humphrey's Executor, a decision that forms the longstanding constitutional basis for independent agencies like the FTC, Consumer Product Safety Commission (CPSC), Securities and Exchange Commission (SEC), Federal Communications Commission (FCC), Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB), amongst others. As a refresher, in Humphrey's Executor, the Supreme Court upheld the insulation of FTC Commissioners from removal by the President at will – finding that the Constitution permits Congress to create expert independent agencies led by a group of principal offers removable only for cause.

Husch Blackwell's Tracy Wolf and Rufino Gaytán continue their engaging discussion with Labor Law Insider host Tom Godar regarding changes being initiated at the National Labor Relations Board (NLRB) under the Trump administration. The conversation explores questions about the viability of mandates under the NRLB's recent Cemex and Stericycle decisions. The discussion also tackles the impact of a more management-friendly NLRB on unions that are filing charges or seeking certification elections. The insiders also anticipate the practical, day-to-day changes in policies and practices that employers may consider given recent developments. For instance, should employers communicate differently with their employees under this new regulatory regime, and should handbooks and policies be revised? Jump into Part II of this fascinating discussion regarding the ever-changing world of labor law.

This week, we're covering a change in leadership at the U.S. Department of Labor (DOL), the reinstatement of National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox (restoring a crucial quorum), and the Equal Employment Opportunity Commission's (EEOC's) focus on new enforcement priorities. New Leadership at the DOL Lori Chavez-DeRemer was sworn in as the U.S. Secretary of Labor on March 11, 2025, after receiving bipartisan support from the Senate. Secretary Chavez-DeRemer, a former congresswoman with strong backing from organized labor, is generally viewed as a centrist figure. NLRB Quorum Restored—for Now President Trump made waves when he fired NLRB member Gwynne Wilcox shortly after taking office. However, on March 6, a federal judge in the District of Columbia held that Wilcox was “illegally” fired and instructed the NLRB Chair to restore Wilcox's access to the Board and allow her to serve out the remainder of her five-year term. EEOC's New Enforcement Priorities  While many had anticipated a reduction in EEOC enforcement under the new administration, a series of announcements indicate that the agency is instead shifting its priorities and stepping up investigations in new areas, such as anti-American bias, antisemitism, and binary sex and related rights. Additionally, the EEOC has recently issued letters to 20 major law firms, raising concerns about their diversity and inclusion programs. The agency is investigating whether these programs may involve unlawful disparate treatment or classification based on race, sex, or other protected characteristics, in potential violation of Title VII of the Civil Rights Act of 1964. Employers should take note, as this development may signal a broader enforcement strategy. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw382 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Rachel Martinez, organizer and bargaining committee member for the Chicago Climbing Union, Workers United Local 513, joined America's Work Force Union Podcast to discuss unionization efforts in climbing gyms, safety concerns, gender disparities and the importance of collective bargaining in the climbing industry. Richard Mack, a labor attorney with Miller Cohen, P.L.C., joined the America's Work Force Union Podcast to discuss a notable federal ruling, the role of the National Labor Relations Board (NLRB), and the broader implications of federal workforce reductions.

This Day in Legal History: Bloody SundayOn March 7, 1965, a pivotal moment in the civil rights movement unfolded in Selma, Alabama. A group of 525 peaceful demonstrators, led by activists like John Lewis and Hosea Williams, began a march to Montgomery to demand voting rights for Black Americans. As they crossed the Edmund Pettus Bridge, they were met by Alabama state troopers and local law enforcement, who brutally attacked them with billy clubs and tear gas. The violent crackdown, later known as "Bloody Sunday," left at least 65 people injured and shocked the nation. Television broadcasts of the assault galvanized public support for civil rights, prompting federal intervention. After securing court protection, a second attempt on March 9, led by Martin Luther King Jr., was turned around peacefully to avoid further violence. Finally, under federal protection, thousands of marchers resumed the journey on March 21, arriving in Montgomery on March 25 with 25,000 people. The march directly contributed to the passage of the Voting Rights Act of 1965, which outlawed discriminatory voting practices. "Bloody Sunday" remains a defining moment in the struggle for racial justice in America, symbolizing both the brutality of oppression and the power of collective resistance.President Donald Trump issued an executive order targeting Perkins Coie LLP, citing the firm's role in commissioning the Steele dossier during the 2016 election and its diversity hiring practices. The order suspends security clearances for Perkins Coie employees and directs federal agencies to review and potentially terminate contracts with the firm and its business partners. It also instructs the Equal Employment Opportunity Commission (EEOC) and the Justice Department to investigate racial discrimination policies at major law firms, referencing Perkins Coie's past use of racial hiring quotas. The directive extends to restricting Perkins Coie employees from entering federal buildings and limiting their engagement with government officials.Trump's move comes after similar actions against Covington & Burling for its representation of former special counsel Jack Smith. The executive order frames Perkins Coie as a national security risk, linking its past election law litigation to alleged threats against democratic integrity. It also mandates that federal contractors disclose business ties to the firm, aiming to cut off government funds to entities associated with it. The order's broader scope signals heightened scrutiny of “Big Law” firms, especially those engaged in diversity, equity, and inclusion (DEI) initiatives. Trump's administration has pushed back against race-conscious hiring practices, aligning the order with prior efforts to dismantle DEI policies in education and employment.Perkins Coie, a longtime legal adviser to Democrats, denounced the order as unlawful and vowed to challenge it. The firm has been at the center of Republican criticism over election-related litigation and its former attorneys' ties to Democratic campaigns. The administration's focus on law firms suggests a broader effort to reshape the legal industry's relationship with the federal government.Trump Targets Law Firms Over Steele Dossier, Diversity Moves (1)A federal judge reinstated Gwynne Wilcox to the National Labor Relations Board (NLRB), ruling that former President Donald Trump lacked the authority to fire her. Judge Beryl Howell of the U.S. District Court for the District of Columbia found Trump's dismissal of Wilcox violated legal protections for independent agency members, emphasizing that the president's removal powers are not absolute. Howell's decision strongly reaffirmed Humphrey's Executor v. United States(1935), which upheld restrictions on presidential firings of independent agency officials.The ruling restores the NLRB's quorum, allowing it to issue decisions again, but the Trump administration immediately appealed, seeking to block Wilcox's return. Howell's opinion included a sharp rebuke of Trump's attempts to assert unchecked presidential authority, stating, “An American President is not a king.” She pointed to longstanding legal precedent that limits the president's power to remove officials from multi-member independent agencies, dating back to the Interstate Commerce Commission's creation in 1887.Trump's legal team argued that Wilcox's firing was justified under the Supreme Court's 2020 Seila Law v. CFPB decision, which expanded presidential removal power over single-agency heads. However, Howell rejected this claim, noting that NLRB members' powers resemble those of the Federal Trade Commission members protected under Humphrey's Executor. The ruling marks the third time a court has reversed Trump's firings of agency officials, signaling a broader legal battle over executive authority that may reach the Supreme Court. Wilcox's attorney praised the decision as a victory for the independence of federal agencies, while the Justice Department has not yet commented.Fired NLRB Member Reinstated in Decision Nixing Trump Move (4)A coalition of 20 Democrat-led states, led by New York Attorney General Letitia James, has sued the Trump administration over mass firings of federal workers. Filed in a Maryland federal court, the lawsuit argues that President Donald Trump illegally dismissed tens of thousands of employees without proper notice or justification. The states seek to reinstate the workers and block further terminations.Trump's efforts to shrink the federal workforce have already faced legal pushback. A judge recently reinstated a National Labor Relations Board member fired by Trump, and another court temporarily halted the administration's directive to fire new hires en masse. Additionally, a federal workforce board reinstated thousands of employees at the U.S. Department of Agriculture.Trump and Tesla CEO Elon Musk have framed the firings as part of a campaign to eliminate government inefficiency and waste. However, critics, including the states in this lawsuit, argue that the dismissals violate labor laws and undermine public service. The case adds to mounting legal challenges against Trump's sweeping efforts to reshape the federal bureaucracy.Democrat-led states join legal fight over Trump's mass firings of federal workers | ReutersThe Trump administration is planning to shut down nearly a dozen U.S. diplomatic missions, primarily in Western Europe, as part of a broader effort to reduce government spending and reshape foreign policy. The State Department is also considering merging several Washington-based expert bureaus focused on human rights, refugees, and global criminal justice. Additionally, U.S. embassies worldwide have been instructed to cut at least 10% of their American and locally employed staff.The proposed closures include consulates in Germany, France, Italy, Brazil, and Portugal, though officials say some locations may be spared. The administration argues these cuts align with Trump's “America First” agenda and his campaign promise to reduce the so-called "deep state." Critics warn that reducing the U.S. diplomatic presence, along with cuts to the U.S. Agency for International Development (USAID), could weaken American global influence and create openings for adversaries like China and Russia.Congress has been notified of the plan to close the U.S. consulate in Gaziantep, Turkey, a key hub for Syrian humanitarian aid. In Washington, dozens of State Department contractors have been terminated, including those handling Afghan refugee resettlement. Diplomats working on Asian affairs have been asked to justify their missions' alignment with Trump's policies. The administration's deep cuts to foreign aid and staffing have already resulted in thousands of USAID workers being laid off and billions in humanitarian aid being eliminated.Trump administration weighs closure of nearly a dozen diplomatic missions abroad | ReutersThis week's closing theme is by Maurice Ravel.Our theme is Piano Concerto in G - I. Allegramente by Maurice Ravel, a composer known for his shimmering orchestration and masterful blend of classical form with modern harmonies. Born on March 7, 1875, Ravel was a key figure in early 20th-century music, often associated with Impressionism, though he resisted the label. His Piano Concerto in G, composed between 1929 and 1931, reflects his fascination with jazz, which he encountered during a trip to the United States. The first movement, Allegramente, is bright and rhythmic, opening with a whip-crack that sets the tone for its energy and playfulness. Ravel weaves in blues-inspired harmonies, rapid piano flourishes, and sparkling orchestral textures, creating a piece that feels both spontaneous and carefully crafted. Despite its liveliness, the movement is meticulously structured, showcasing Ravel's precision and attention to detail. The concerto as a whole balances virtuosic brilliance with lyricism, particularly in the dreamy second movement. Ravel himself admitted he aimed for a work that was “light and brilliant,” rather than deep or profound. Yet, in its elegance and wit, the concerto captures the vibrancy of early 20th-century musical innovation. As the spirited Allegramente unfolds, it serves as a fitting farewell to the week—playful, energetic, and bursting with color.Without further ado, Piano Concerto in G - I. Allegramente by Maurice Ravel. Enjoy! This is a public episode. 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This week, we're covering significant updates shaping workplace policies, including shifts in regulations and enforcement related to diversity, equity, and inclusion (DEI); evolving approaches to Equal Employment Opportunity Commission (EEOC) compliance; and recent changes in National Labor Relations Board (NLRB) guidance. Anti-DEI Executive Orders Blocked, but Employers Scale Back A Maryland district court temporarily blocked significant portions of two anti-DEI executive orders signed in the early days of President Trump's administration. This story is still developing, and last week, the Trump administration appealed the district court's decision to the U.S. Court of Appeals for the Fourth Circuit. Regardless of whether the executive orders survive, many federal contractors and private businesses are assessing and adjusting DEI policies, programming, and public statements. EEOC Cracks Down on DEI and Gender Identity Policies Acting EEOC Chair Andrea Lucas said in a recent statement that the agency will seek to root out “unlawful DEI-motivated race and sex discrimination.” Lucas noted that the EEOC will also target the Biden administration's “gender identity agenda” as well as anti-American bias at private businesses. NLRB Rescinds Biden-Era Guidance Acting NLRB General Counsel William Cowan recently rescinded a group of Biden-era memos from former General Counsel Jennifer Abruzzo. With the firing of member Gwynne Wilcox in the first days of the Trump administration, the NLRB has no quorum and cannot currently issue decisions, but more reversals are likely coming. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw380 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Tim Smith, Director of Region 8 of the United Auto Workers (UAW), joined America's Work Force Union Podcast to discuss ongoing negotiations with Volkswagen, organizing efforts at the BlueOval SK battery plant in Kentucky and concerns about funding cuts to the National Institute of Health (NIH). Andrew Strom, a union lawyer, OnLabor contributor and adjunct professor at Brooklyn Law School, joined America's Work Force Union Podcast to discuss Gwen Wilcox's recent firing from the National Labor Relations Board (NLRB), the potential dismantling of the Board and the broader implications for labor rights in the U.S.

On this episode of the Iowa Manufacturing Podcast, Dani Smid, Partner at BrownWinick Law Firm, breaks down the latest employment law changes manufacturers need to prepare for under the new administration. She covers anticipated shifts in policies from the National Labor Relations Board (NLRB), Equal Employment Opportunity Commission (EEOC), and Department of Labor (DOL), along with evolving DEI strategies. Dani also addresses a critical topic for manufacturers: what to do if ICE shows up—whether for a raid or an audit. She provides a three-page document outlining the necessary steps to protect your business in these situations. Dani predicts a more employer-friendly legal environment, giving manufacturers more flexibility in HR policies, labor negotiations, and compliance strategies. However, with these changes come new considerations for workplace policies, union relations, and labor enforcement actions. Tune in for expert insights on navigating the shifting legal landscape and ensuring your business is prepared for what's ahead. Hear the full show: https://iowapodcast.com/dani-smid-new-LRB-EEOC-laws-trump   

Dorsey Hager, Executive Secretary-Treasurer of the Columbus Central Ohio Building and Construction Trades Council (C/COBCTC), joined the America's Work Force Union Podcast to discuss the construction boom in Central Ohio, the challenges of workforce recruitment and the federal court ruling potentially impacting federal Project Labor Agreements (PLA).  Fred Redmond, Secretary-Treasurer of the AFL-CIO, joined the America's Work Force Union Podcast to discuss the recent actions of the Trump administration impacting federal workers, the National Labor Relations Board (NLRB) and what the labor movement is doing in response.

Wendell Young IV, President of United Food and Commercial Workers Local 1776 Keystone State, joined America's Work Force Union Podcast to discuss the recent unionization of Whole Foods workers in Philadelphia, the organizing process, the company's anti-union tactics and the future of labor relations with the parent company, Amazon. Jon Schleuss, President of The NewsGuild-Communication Workers of America, joined America's Work Force Union Podcast to discuss the impact of recent changes to the National Labor Relations Board (NLRB), the ongoing strike at the Pittsburgh Post-Gazette and the impressive number of first contracts secured by The NewsGuild in 2024.

This Day in Legal History: Fred Korematsu Day of Civil Liberties and the ConstitutionOn January 30, several U.S. states recognize Fred Korematsu Day of Civil Liberties and the Constitution, honoring the Japanese American civil rights activist who fought against the internment of Japanese Americans during World War II. Korematsu was arrested in 1942 for refusing to comply with Executive Order 9066, which mandated the forced relocation and incarceration of Japanese Americans in internment camps. His legal challenge led to the Supreme Court case Korematsu v. United States (1944), in which the Court upheld the internment as a wartime necessity. Decades later, in 1983, new evidence revealed that the U.S. government had withheld critical information from the Court, and Korematsu's conviction was overturned in a federal court ruling. Although the Supreme Court's original decision was never formally overturned, it has been widely condemned and was explicitly discredited in Trump v. Hawaii (2018).Korematsu spent the rest of his life advocating for civil rights, receiving the Presidential Medal of Freedom in 1998. His legacy serves as a reminder of the dangers of racial discrimination and unchecked government power. California was the first state to recognize Fred Korematsu Day in 2010, with other states following in later years. The day is used to promote awareness of civil liberties, constitutional rights, and the impact of past injustices. Schools, libraries, and civic organizations hold educational programs to highlight the importance of vigilance against government overreach. The Korematsu Institute continues his work by advocating for civil rights education. His story is a crucial part of American legal history, reminding the nation that constitutional rights must be protected for all.Former EEOC Chair Charlotte Burrows, fired by Donald Trump, has retained high-profile attorneys Lisa Banks and Debra Katz to explore legal options. No president has previously fired an EEOC commissioner, and Trump's actions also removed another Democratic member, Jocelyn Samuels, leaving the agency without a quorum. Samuels and Burrows claim they were dismissed due to their views on sex discrimination and diversity initiatives, which Trump opposes. Banks and Katz, known for representing Christine Blasey Ford in Brett Kavanaugh's confirmation hearings, have criticized the firings as a political attack. Their firm is also consulting with other government officials dismissed by Trump. The EEOC terminations coincide with broader efforts by Trump to reshape federal agencies, including purging officials from the National Labor Relations Board. Samuels, like Burrows, is considering legal action, but specific claims have not yet been disclosed.EEOC commissioner fired by Trump hires Kavanaugh accuser's lawyers | ReutersThe Trump administration reversed its decision to freeze hundreds of billions in federal aid after facing legal challenges and bipartisan opposition. The White House had initially paused grant and loan payments, citing a need to review spending on programs Trump opposes, such as diversity initiatives and green energy. However, as lawsuits progressed, officials rescinded the order, likely to avoid a court ruling against them. A federal judge in Rhode Island still held a hearing on the case, indicating concerns over the freeze's impact. Despite the reversal, Trump vowed to continue cutting funding for initiatives he disapproves of.  The failed freeze was part of broader efforts by Trump to reshape the government, including removing security protections for a former military official and preparing Guantanamo Bay for detained migrants. His administration also revoked diversity programs in the military and pushed through controversial cabinet appointments, including a defense secretary accused of misconduct. While some Republicans defended the spending freeze as a fiscal responsibility measure, bipartisan lawmakers criticized the confusion and harm it caused. Payments for medical services resumed, but housing assistance remained disrupted. Congress members overseeing federal budgets welcomed the reversal, calling the freeze overreaching and chaotic.White House revokes spending freeze in the face of legal challenges | ReutersTrump's firing of National Labor Relations Board (NLRB) member Gwynne Wilcox is expected to spark a major legal battle over the president's authority to remove independent agency officials. Federal labor law permits removal of NLRB members only for neglect or malfeasance, and legal scholars widely agree that Trump's move violates existing precedent. The administration is likely using the case as a test to challenge the Supreme Court's 1935 ruling in Humphrey's Executor v. United States, which upheld limits on presidential removal powers for multi-member commissions.Trump's legal justification relies on the Court's 2020 decision in Seila Law LLC v. CFPB, which invalidated removal protections for the director of the Consumer Financial Protection Bureau (CFPB), arguing that NLRB members do not qualify for exceptions to presidential removal power. However, experts argue that Seila Law was meant to carve out, not overturn, Humphrey's Executor. The Supreme Court has recently expanded presidential removal authority, as seen in Collins v. Yellen (2021) concerning the Federal Housing Finance Agency (FHFA). It has also struck down dual-layer removal protections, as in Free Enterprise Fund v. PCAOB.Wilcox has vowed legal action, and her removal could also be challenged by unions affected by the NLRB's lack of a quorum. If courts adhere to Humphrey's Executor, Trump's action may be overturned. However, if the case reaches the Supreme Court, it could provide an opportunity to further weaken constraints on presidential control over independent agencies.Trump's Labor Board Firing Sets Up Agency Independence Test Case This is a public episode. 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Ep. 313 Lawyer on the Clock 00:11:18: National Labor Relations Board (NLRB) changes under President Trump, including the firing of General Counsel Jennifer Abruzzo and board member Gwen Wilcox, reducing the board composition and potentially stalling decisions. 00:16:16: Trump fires multiple Equal Employment Opportunity Commission (EEOC) commissioners, leading to legal challenges and a lack of agency leadership. 00:21:34: Meta employees protest changes in restroom policies by bringing in hygiene products to men's restrooms. 00:24:24: The importance of HR professionals as risk managers rather than profit centers and their critical role in organizations. Burning Questions 00:02:44: Restroom Policies Under New Rules – With OSHA's past guidance removed, how should employers handle restroom use for transitioning employees? 00:27:02: Pronoun Policy Changes – The EEOC dropped pronouns from employee profiles. Should your company follow suit? 00:30:37: DEI Training Without Privilege – Can you continue DEI training if it excludes systemic privilege discussions?

Joe Biden called himself "the most pro-labor President in American history," and National Labor Relations Board (NLRB) general counsel Jennifer Abruzzo was key to his enforcement efforts. As an administration with a much different posture on labor shapes up, Dan Kaufman, contributing writer for the New York Times Magazine and author of The Fall of Wisconsin: The Conservative Conquest of a Progressive Bastion and the Future of American Politics (W. W. Norton & Company, 2018),  looks back through a century of the NLRB and NLRA.=>"What Labor Could Lose" (The New York Review of Books, 1/19/25)

Hieu Williams is a partner with Hirschfeld Kraemer, an employment law boutique she also helps manage in San Francisco. She regularly defends employers against claims of discrimination, harassment, wrongful termination, retaliation, breach of contract, and wage and hour class action violations. Her employment law experience includes representing organizations, executives, and supervisors from various industries such as healthcare, education, food and beverage, and non-profit organizations. Hieu has successfully represented clients in state and federal court, as well as before numerous agencies such as the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB). In addition to being an experienced litigator, she provides advice and counseling to her clients, which includes drafting employee handbooks, policies and developing best practices, conducting harassment and management training sessions, and performing workplace investigations. WHAT'S COVERED IN THIS EPISODE ABOUT THE POWER OF QUESTIONS There's plenty of power in questioning—both yourself and others. Often, creating a successful path means piecing it together yourself, as many first-generation Americans like Hieu Williams know all too well. It all begins with the courage to ask. In this episode of The Lawyer's Edge podcast, Elise Holtzman sits down with Hieu Williams, partner at Hirschfeld Kraemer, to discuss her remarkable journey from junior lawyer to partner, leader, and rainmaker. Hieu reflects on how her experience as a first-generation American has shaped her career, the transformative role of mentors and sponsors, her impactful participation in the Ignite Women's Business Development Accelerator, and how asking the right questions has propelled her growth. 2:10 – Hieu's background, its influence on her decisions, and why she chose employment law over other careers 6:40 – What drives Hieu to manage Hirschfeld Kraemer's San Francisco office while juggling other responsibilities 11:08 – How sponsors and mentors have been pivotal in Hieu's development as a lawyer and leader 13:41 – Why Hieu joined the Ignite Women's Business Development Accelerator and how it shaped her perspective 18:41 – How the program has transformed Hieu's approach to her career and leadership 23:24 – The value of asking questions throughout Hieu's journey and how her approach has evolved over time MENTIONED IN ACCELERATE YOUR CAREER GROWTH WITH THE POWER OF QUESTIONS Hirschfeld Kraemer Hieu Williams on LinkedIn Employment Law Alliance Get Connected with The Coaching Team at hello@thelawyersedge.com The Lawyer's Edge

This week, while recognizing that it's far from “business as usual” in California and keeping our friends and clients in mind, we look at a new ruling in California regarding Private Attorneys General Act (PAGA) arbitrations. We also examine a federal appeals court decision limiting the authority of the National Labor Relations Board (NLRB) and the flurry of new employment laws taking effect in 2025. PAGA Ruling in California In what's seen as a win for California employers, the California Court of Appeal recently ruled that every PAGA action necessarily includes an individual PAGA action. Third Circuit Limits NLRB's Authority Over the last year, the NLRB expanded its enforcement priorities and tested the limits of its authority. But the U.S. Court of Appeals for the Third Circuit finished 2024 with a rebuke of those efforts, curbing the NLRB's authority to order legal relief. New Employment Laws in 2025 A new year brings new laws and regulations, many of which took effect on January 1. Employers can stay up to date on local and state laws and regulations by downloading our Wage & Hour Guide for Employers app, which is updated each February. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw374 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Frank Mathews, Administrative Director for District 4 of the Communication Workers of America (CWA), joined the America's Work Force Union Podcast to discuss critical issues facing workers in the telecommunications industry, expanding broadband access and why the Wisconsin Supreme Court election matters for labor.  Andrew Strom, a labor lawyer and law professor at the Brooklyn Law School, joined the America's Work Force Union Podcast to discuss the complexities facing the National Labor Relations Board (NLRB) and the impact of President Biden's pro-union tenure.

In this episode, we take a look back at the best 2024 Reality TV-focused clips from Eyes with Open with Nick Thompson.   The best clips from 2024 focused on Reality TV include:   Michael Carroll, a former bachelor producer, discusses with Nick how reality TV viewers still buy whatever the producers and showrunners feed them.    Matthew Dubila from Love is Blind shares what it felt like to be hated for something he didn't actually do, but people believed he did based on manipulative editing.    Attorney Jasmine Weg weighs in on whether or not Love is Blind producers can force cast members to stay married.    Daniele Gates from 90-Day Fiance and Nick discuss how the reality TV media landscape and online bullying push reality TV narratives.    Madina Alam, former Bachelor cast members, and Nick discuss what it's like to date after being on reality TV.    Therapy Jeff and Nick discuss unionizing reality TV cast members and content creators.    Will Craig asks Nick what is next after the National Labor Relations Board (NLRB) said Love is Blind cast members should be classified as employees.   We hope you enjoyed this Best of 2024: Reality TV edition of Eyes Wide Open.    Chapters:    00:00 Intro 02:21 Michael Carroll - The Bachelor Producer 07:51 Matthew Dubila - Love is Blind 16:21 Danielle Gates - 90-Day Fiance 23:30 Jasime Weg - Contracts Attorney 32:18 Madina Alam - The Bachelor 45:06 Therapy Jeff - Therapist, Content Creator 53:01 Nick Thompson - Podcast Host, Love is Blind Find Nick Thompson here:   Instagram: https://www.instagram.com/nthompson513/  YouTube: https://www.youtube.com/@EyesWideOpenContent LinkedIn: https://www.linkedin.com/in/nickthompson13/  UCAN Foundation: https://www.instagram.com/the_ucan_foundation/

Labor Law Insider host Tom Godar is joined by Husch Blackwell attorneys Mary-Ann Czak and Rufino Gaytán in Part II of our post-election analysis of labor law and policy. The Insiders discuss anticipated Trump administration changes that will likely reverse some of the policies and decisions of the current National Labor Relations Board (NLRB) and its General Counsel. Our guests review seminal cases reflecting the current Board's interpretation of the NLRA, which have redefined unfair labor practices and the reach and authority of the NLRB. Also included is a brief discussion of the very surprising nomination by President-elect Trump of Lori Chavez-DeRemer to lead the Department of Labor. This pro-union pick is causing consternation and speculation among those in the employer community. Join us for this must-listen installment of the Insiders for perspectives on where labor policy could be headed under a second Trump administration.

This Day in Legal History: Jay Treaty SignedOn November 19, 1794, the United States and Great Britain signed the Jay Treaty, formally titled the “Treaty of Amity, Commerce, and Navigation.” Negotiated by U.S. Chief Justice John Jay and British Foreign Secretary Lord Grenville, the treaty sought to resolve lingering tensions between the two nations following the American Revolutionary War. At its core, the agreement facilitated the withdrawal of British troops from forts in the Northwest Territory, a region that was still contested despite American sovereignty being recognized in the Treaty of Paris (1783).The treaty also addressed contentious issues such as British seizure of American ships and the debts owed by American citizens to British creditors. While the agreement provided for limited American trade rights in the British West Indies and a framework for resolving disputes over the U.S.-Canada border, it failed to stop British impressment of American sailors or guarantee broader trading rights. Domestically, the treaty sparked fierce political debate, with Federalists supporting it as a means of preserving peace and economic stability, while Jeffersonian Republicans decried it as overly conciliatory to British interests.The Jay Treaty is historically significant for establishing a precedent for diplomatic negotiation and emphasizing the importance of peaceful dispute resolution. While controversial at the time, it ultimately helped avert war with Britain and allowed the young United States to stabilize its economy and focus on internal growth. Its ratification in 1795 marked an important step in shaping U.S. foreign policy during its formative years. The treaty's mixed reception underscored the deepening political divisions in the United States, foreshadowing the partisan struggles that would define early American governance.Big Law firms are poised to see significant lobbying revenue gains under anticipated Republican control of the White House and Congress, as the GOP aims to advance a pro-business, “America First” agenda. Key areas of focus for lobbyists include revisiting elements of the 2017 tax law, reversing restrictions on fossil fuel development imposed by the Biden administration, and assisting with the confirmation of cabinet nominees. The Supreme Court's recent Loper Bright decision, which limits federal agencies' ability to interpret vague laws, adds another layer of legislative complexity, increasing demand for legal expertise in technical drafting.The potential uptick in lobbying activity echoes patterns seen in prior shifts of political power. Lobbying revenue rose sharply in 2017 and 2021 during transitions to unified party control. Firms like Brownstein Hyatt Farber Schreck, Akin Gump, Squire Patton Boggs, and K&L Gates are particularly well-positioned, with some deriving significant portions of their income from federal lobbying efforts. Brownstein Hyatt leads the pack, earning $50.9 million in lobbying revenue through the first three quarters of 2024.Major firms are already representing high-profile clients. For instance, Brownstein Hyatt has advocated for Apollo Global Management on portfolio-related issues, while Squire Patton Boggs has worked on food regulation for Mars Inc. Energy-related lobbying, such as advocating for liquefied natural gas export permits, is also expected to surge as Republicans aim to repeal Biden-era restrictions. Appropriations negotiations may further boost lobbying opportunities, as delayed bills give the GOP more leverage.Big Law Lobbyists See GOP Trifecta Haul Including Tax, EnergyThe State Bar of California has approved a proposal to expunge attorney discipline records from public view after eight years, provided the attorney has not faced subsequent disciplinary action during that time. This measure, which excludes cases of disbarment, aims to address racial disparities in the attorney discipline system. A 2019 study revealed that Black male attorneys in California were over three times more likely than their white counterparts to face probation, prompting a 2023 review committee to recommend changes to the system. The proposal now awaits approval from the California Supreme Court.The expungement policy is intended to balance accountability, transparency, and redemption opportunities, aligning California's attorney discipline practices with those in other states and professions like medicine and real estate. Critics, however, argue it could undermine transparency and public trust, with 74% of public comments opposing the plan. In contrast, a majority of attorney comments—69%—supported the change, noting it incentivizes maintaining clean records. If implemented, an estimated 2,353 attorneys would be immediately eligible for expungement. California, the second-largest state bar by membership, projects that this policy will reduce the long-term stigma attached to past disciplinary actions.California Bar aims to expunge attorney discipline records after 8 years | ReutersThe losing bidder for Alex Jones' bankrupt Infowars empire is challenging The Onion's winning bid, arguing it offered less cash and relied on questionable claim waivers. First United American Companies LLC (FUAC), which bid $3.5 million in cash, claims its offer was superior to The Onion parent company Global Tetrahedron LLC's $1.75 million bid. FUAC accuses The Onion of colluding with Sandy Hook families who supported the bid by waiving part of their claims against Jones.The bankruptcy trustee overseeing the sale, Christopher Murray, defended the auction as transparent and noted that the Sandy Hook families' waiver improved the overall value of The Onion's bid. The waiver was key in positioning The Onion's bid as the best-value offer, despite its lower cash amount. FUAC countered that these waivers are speculative and provide no real value to the bankruptcy estate, calling them akin to “monopoly” money.Judge Christopher M. Lopez, who previously raised concerns about the auction's transparency, is now considering the motion to disqualify The Onion's bid. The sale is part of an effort to liquidate Jones' estate and pay down the $1.5 billion in defamation judgments against him for spreading false claims about the Sandy Hook shooting. The trustee dismissed FUAC's accusations as baseless and an attempt to mislead the court.In case you haven't figured it out already, FUAC is a company affiliated with Alex Jones' snake oil sales. Obviously, Jones has an interest in seeing his assets purchased by a friendly company rather than The Onion which … is not friendly to Jones' interests. Infowars Bidder Moves to Disqualify The Onion's Winning OfferThe 5th U.S. Circuit Court of Appeals appeared likely to dismiss appeals by Amazon and SpaceX challenging the structure of the National Labor Relations Board (NLRB), arguing the companies acted prematurely. Both companies sought to block NLRB cases alleging labor violations, with Amazon opposing a unionization case and SpaceX contesting claims of retaliatory firings. However, the appeals panel suggested that Amazon and SpaceX did not give lower court judges enough time to rule before filing their appeals.  Amazon's case, initially in Texas, was transferred to Washington, D.C., and SpaceX's to California, though these transfers are on hold pending appeals. The judges questioned whether the delays cited by Amazon and SpaceX constituted "effective denials," a standard necessary for appeals. Judge James Graves noted Amazon's unrealistic deadline demands, while Judge Irma Ramirez questioned SpaceX's assertion of deliberate judicial delay.  The NLRB argued that the companies imposed arbitrary deadlines to expedite decisions and delayed proceedings by resisting case transfers. Both companies face significant underlying NLRB cases, with Amazon fighting unionization at a New York warehouse and SpaceX denying allegations of retaliatory firings. If the appeals are dismissed, the companies could request a review by the full 5th Circuit, known for its conservative leanings.Amazon, SpaceX challenges to NLRB may be thrown out of appeals court | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This week, we're analyzing how the upcoming Trump administration may affect National Labor Relations Board (NLRB) policies and enforcement priorities promoting union activity, recent court decisions on union protections, and high-profile strikes and evolving worker demands. NLRB Limits Employer Statements on Union Impact The Biden administration and the NLRB have been aggressive in pursuing policies and enforcement priorities that promote activity. Just last week, in a case involving Starbucks, the NLRB overturned a 40-year precedent to restrict employers' ability to describe the consequences of unionization to employees. The incoming administration can make some immediate changes here, such as replacing the NLRB General Counsel, but replacing board members takes more time, and other factors beyond executive policy impact the organizing environment.  Courts Limit and Expand Protections The courts have both limited and expanded protections for union organizing. For example, the U.S. Court of Appeals for the Fifth Circuit revived a pilot union lawsuit for retaliation against union activity based on recent U.S. Supreme Court precedent. On the other hand, several  cases challenging the way NLRB members are appointed are working their way through the courts, setting up the possibility that President Trump could have a more immediate policy impact. Boeing Strike Highlights New Union Demands High-profile strikes and work stoppages could also impact future union activity, such as the recent Boeing strike. These labor actions could continue during the new administration as workers push for more benefits and protections. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw368 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.  

Husch Blackwell partner Tyler Paetkau joins Labor Law Insider host Tom Godar to discuss the latest assault on non-compete agreements and their various iterations. While an August 2024 district court order enjoined the Federal Trade Commission's recent action to ban virtually all non-compete agreements, and the FTC has since withdrawn its noncompete opinion, the National Labor Relations Board (NLRB) continues its campaign against non-competes, with NLRB General Counsel Jennifer Abruzzo publishing a memo last month doubling down on the policy position reflected in her May 2023 memo, namely, that “overbroad” non-competes are unlawful.Listen to this instructive exchange between Tom and Tyler as they walk through recent pronouncements from the NLRB on non-compete agreements and the remaining exceptions that might provide an opportunity for employers to continue with narrowly tailored agreements to assist employees on accepting employment opportunities, finding educational opportunities, and more.

This Day in Legal History: Volstead Act SignedOn October 28, 1919, the United States Congress passed the Volstead Act, formally known as the National Prohibition Act, over President Woodrow Wilson's veto. Named after Congressman Andrew Volstead, who championed it, the Act provided the legal framework to enforce the 18th Amendment, which had been ratified earlier that year. This amendment prohibited the manufacture, sale, and transportation of intoxicating liquors, marking the start of the Prohibition era in the United States.The Volstead Act defined "intoxicating liquor" as any beverage containing more than 0.5% alcohol, which was stricter than many Americans had anticipated. Though the Act aimed to curb alcoholism and reduce crime by eliminating the consumption of alcohol, it had some unintended consequences. A significant black market for alcohol quickly emerged, and illegal establishments known as "speakeasies" flourished in cities nationwide. Organized crime syndicates, most notably those led by figures like Al Capone, capitalized on the demand for alcohol, leading to a rise in criminal enterprises.Law enforcement agencies found it challenging to control the widespread defiance of Prohibition, and corruption among officials became rampant as many officers accepted bribes to look the other way. Public sentiment gradually turned against Prohibition as the social costs, including loss of tax revenue and an overwhelmed criminal justice system, began to outweigh the intended benefits. By 1933, the 21st Amendment was ratified, effectively repealing the 18th Amendment and ending Prohibition. The Volstead Act remains a critical historical example of how complex societal problems cannot always be resolved through restrictive legislation alone, highlighting the challenges of enforcing morality laws on a resistant population.A federal jury in Delaware awarded Apple $250 in damages, ruling that Masimo Corp.'s original smartwatch designs infringed on Apple's patents for the Apple Watch. The verdict reflects a limited win for Apple, as the jury found that only Masimo's discontinued designs—not its current products—infringed Apple's design patents. Apple's minimal damages request was a strategic move to secure a jury trial rather than a bench trial, emphasizing its desire to stop Masimo's alleged copying of Apple Watch features, not to seek financial compensation. Apple's legal team highlighted its innovation in smartwatch design, while Masimo's attorneys argued that Masimo's products were built around its pulse-oximetry technology, unrelated to the design patents at issue.Masimo countered Apple's claims by defending the novelty of its blood-oxygen measurement features and asserting that its designs prioritize functionality over aesthetics, unlike Apple's approach. Masimo attempted to avoid a jury trial by offering Apple a $900 cash payment, which Apple rejected, and the court ruled the case must proceed. The jury ultimately found that Masimo intentionally infringed two Apple design patents related to earlier product models but ruled out any infringement related to Masimo's current items, undermining Apple's case for an injunction.Apple Wins $250, But Little Else, at Trial on Watch Patents (2)Alibaba Group has agreed to pay $433.5 million to settle a securities fraud class action filed by investors in Manhattan federal court. The lawsuit, which began in 2020, accused Alibaba of misleading shareholders about its competitive practices and the failed initial public offering (IPO) of Ant Group, its financial technology affiliate known for the digital payment platform Alipay. Shareholders claimed Alibaba misrepresented its business practices and failed to disclose that it faced a significant $2.8 billion antitrust fine from Chinese regulators for allegedly pressuring merchants to sell exclusively on its platform.Though Judge George B. Daniels previously dismissed the claims related to the Ant IPO, he allowed the antitrust allegations to proceed. The $433.5 million settlement ranks among the largest 50 securities class-action settlements in U.S. history under the Private Securities Litigation Reform Act of 1995. Alibaba maintains its denial of wrongdoing, stating it settled to avoid the costs and burdens of prolonged litigation. The settlement requires court approval, with Glancy Prongay & Murray LLP representing the shareholders and Simpson Thacher & Bartlett LLP defending Alibaba.Alibaba to Pay $433 Million to Settle Antitrust Investor SuitAlibaba to pay $433.5 million to settle shareholder lawsuit over monopoly claims | ReutersAs the U.S. presidential election nears, Republicans aligned with Donald Trump have faced multiple legal setbacks in battleground states, hindering their push for tighter election restrictions. Over the past three weeks, courts in Georgia, Virginia, Arizona, Nevada, North Carolina, and Michigan have blocked Republican-backed initiatives, such as attempts to purge voter rolls and mandate hand-counting ballots. Notably, a Georgia judge invalidated seven rule changes proposed by Trump's allies, ruling them unlawful and too close to Election Day to implement. Virginia also halted the removal of allegedly non-citizen voters, with the judge citing federal laws against voter roll purges within 90 days of an election.In contrast, Republicans recently succeeded in enforcing stricter mail-in ballot deadlines in Mississippi. Despite setbacks, the party maintains its legal strategy aims to ensure election integrity, though experts suggest these efforts might instead be designed to spread doubts about the election's legitimacy. Analysts speculate that if Trump loses, these legal actions could fuel claims of fraud, casting doubt on the outcome.Republican battleground-state legal blitz falters ahead of election | ReutersA divided 5th U.S. Circuit Court of Appeals ruled that the National Labor Relations Board (NLRB) overreached by ordering Tesla CEO Elon Musk to delete a 2018 tweet about unionization. The tweet implied Tesla employees could lose stock options if they unionized, which the NLRB previously determined was an unlawful threat. However, the court's 9-8 decision held that Musk's tweet was protected under the First Amendment, as it was “speech on a topic of public concern,” making the NLRB's deletion order excessive.The majority opinion, supported by Republican-appointed judges, did not address whether Musk's tweet itself violated labor law, focusing instead on free speech rights. The ruling also instructed the NLRB to reconsider its mandate that Tesla reinstate a pro-union employee who was terminated. In a dissent, Judge James Dennis, joined by Democratic-appointed judges, criticized the decision as lacking substantial legal and factual grounding.Tesla Wins Challenge to NLRB Decision on Musk Union Tweet (1) This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This week, we're examining the final mental health parity rules, a National Labor Relations Board (NLRB) memo on restrictive covenant limitations, and New York State's recently enacted workplace violence prevention law. Final Mental Health Parity Rules Released The U.S. Departments of Health and Human Services, Labor, and the Treasury recently issued final rules implementing new requirements and amending existing regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA). The new rules further MHPAEA's goal of ensuring equal benefits for mental and physical treatment. NLRB General Counsel Seeks to Expand Limits on Restrictive Covenants NLRB General Counsel Jennifer Abruzzo released a memo earlier this month focused on further limits to restrictive covenants. According to the memo, the NLRB will seek expanded make-whole remedies for workers who allegedly miss job opportunities due to noncompete agreements they were required to sign. Abruzzo also condemned so-called “stay-or-pay” agreements. New York Enacts Workplace Violence Prevention Law New York State recently enacted the Retail Worker Safety Act, requiring retail employers to adopt a workplace violence prevention policy, implement workplace violence training for employees, and more. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw365 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This Day in Legal History: The Amsterdam Treaty Broadens the EUOn October 2, 1997, the Amsterdam Treaty was signed by European Union (EU) delegates, marking a significant step in the evolution of the EU's institutional framework and policy ambitions. The treaty aimed to enhance the efficiency, transparency, and democratic legitimacy of the Union, amending previous agreements like the Maastricht Treaty. One of its key features was strengthening the powers of the European Parliament, giving it greater legislative influence through the co-decision procedure, which allowed it to act as an equal legislator with the Council of the European Union.The Amsterdam Treaty also laid the groundwork for the EU's Common Foreign and Security Policy (CFSP), aiming for more coordinated diplomatic actions and international influence. It introduced the role of the High Representative for the CFSP to improve coherence in foreign policy. Additionally, the treaty made strides in areas such as justice and home affairs, addressing issues like asylum, immigration, and judicial cooperation across member states. The treaty was also a response to the anticipated enlargement of the EU, as post-Communist countries in Eastern Europe were expected to join, requiring institutional reforms to manage an expanded Union. The Amsterdam Treaty signaled a shift toward a more integrated and politically unified Europe, preparing the EU for the challenges of a growing membership and a more globalized world.Alphabet Inc.'s Google is facing a renewed antitrust lawsuit from Sensory Inc., a voice recognition technology company, accusing the tech giant of monopolistic practices in the voice assistant market. Sensory alleges that Google used its dominance in general search to create barriers preventing consumers from using alternative voice assistants and wakeword software to access non-Google search engines. This lawsuit revives a previous case from April 2022, which was paused to allow other antitrust litigation against Google to proceed. In August, the US District Court for the District of Columbia ruled that Google had illegally monopolized the search market through exclusivity agreements. Sensory claims Google extended this behavior by preventing hardware manufacturers from allowing consumers to choose competing voice assistants with non-Google search engines. Sensory also argues that Google imposes restrictions on wakeword technology in various devices, including smartphones, home electronics, and cars, ensuring competitors like Siri and Bixby default to Google's search engine. Google has not yet commented on the case.Google Hit With Renewed Antitrust Suit Over Voice AssistantsThe US Court of Appeals for the Fifth Circuit has paused a National Labor Relations Board (NLRB) case involving Amazon, following claims that the agency violates constitutional principles. Amazon argues that the NLRB breaches the separation of powers by acting as both prosecutor and judge, after it rejected Amazon's objections to a union election at a Staten Island warehouse. Amazon sought an emergency injunction to halt the NLRB's internal litigation regarding its refusal to bargain with the union. When a lower court didn't rule on the request, Amazon appealed to the Fifth Circuit, which had recently blocked a similar case involving SpaceX. Amazon's lawsuit challenges the constitutional structure of the NLRB, claiming its members are unconstitutionally shielded from removal by the president and that the agency's quasi-judicial powers violate the Seventh Amendment's guarantee of a jury trial. This case is part of a broader wave of constitutional challenges to the NLRB's authority. Neither Amazon nor the NLRB have commented on the ruling.Fifth Circuit Halts Amazon NLRB Case Over Constitutional DisputeThe Biden administration is pressuring U.S. port employers to improve their offer to striking dockworkers from the International Longshoremen's Association (ILA). The strike, now in its second day, has disrupted shipping across dozens of ports from Maine to Texas, affecting goods from food to automobiles and causing significant economic strain. With over 38 ships waiting to dock, the strike could cost the U.S. economy $5 billion per day. Despite a 50% wage hike offer from the United States Maritime Alliance (USMX), the ILA, led by Harold Daggett, is demanding more, including a $5 hourly raise per year and a halt to port automation projects. President Biden has urged foreign ocean carriers, which profited during the pandemic, to agree to a fair contract, while the administration monitors for price gouging. Retailers have initiated backup plans to mitigate potential impacts on the holiday season. Economists warn that while the strike could raise inflation, the broader economic effects depend on its duration. The National Retail Federation and some Republicans are calling on Biden to halt the strike, but he has refused.US port strike backed by White House | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Slobodan Milošević Charged with GenocideOn August 30, 2001, the International Criminal Tribunal for the former Yugoslavia (ICTY) announced that former Yugoslav President Slobodan Milošević would face charges of genocide, marking a pivotal moment in international law. This decision added to the existing charges of war crimes and crimes against humanity related to his role in the brutal conflicts that ravaged the Balkans in the 1990s. Milošević, who sought to prevent the breakup of the Yugoslav Federation through violent ethnic campaigns, was accused of orchestrating mass atrocities, particularly against Bosnian Muslims during the Bosnian War.The genocide charges centered on his alleged responsibility for the Srebrenica massacre, where over 8,000 Bosnian Muslim men and boys were systematically executed by Bosnian Serb forces. The ICTY's indictment of Milošević was historic, as it was the first time a sitting head of state was charged with genocide by an international tribunal. The trial, which began in 2002, was a complex and lengthy process, reflecting the gravity of the accusations and the challenges of prosecuting such high-level war crimes. Although Milošević died in 2006 before a verdict could be reached, the charges against him underscored the international community's commitment to holding leaders accountable for genocide and other severe human rights violations.Walt Disney and DirecTV are urgently negotiating to renew their distribution agreement before it expires on Sunday. Failure to reach a deal could result in DirecTV's 11 million subscribers losing access to Disney channels like ABC and ESPN just before the NFL season begins and during the U.S. Open tennis tournament. DirecTV is pushing for the option to offer smaller, lower-priced packages that exclude ESPN, catering to consumers' preferences in the streaming era. Disney, however, wants to preserve the value of its sports content, proposing a sports-centric package including ESPN and ABC. The negotiations are influenced by ongoing changes in the pay TV industry, where subscriber numbers have declined sharply due to the rise of streaming services. The companies are also dealing with the impact of sports streaming rights, which have been central to maintaining pay TV subscribers. A new sports-streaming service called Venu Sports, backed by Disney, Fox, and Warner Bros. Discovery, has been delayed by a legal dispute with FuboTV over antitrust claims related to content bundling practices. The dispute underscores the challenges facing traditional pay TV providers as they navigate the growing demand for streaming options. The outcome of these negotiations will have significant implications for the future of sports broadcasting and the pay TV industry.Disney and DirecTV aim to renew deal ahead of NFL season | ReutersThe DC Court of Appeals has revived a lawsuit against Coca-Cola, brought by Earth Island Institute, alleging the company made misleading claims about its sustainability efforts. The lawsuit challenges statements made by Coca-Cola, such as a tweet asserting that "business and sustainability are not separate stories" for the company. Initially, the Superior Court ruled in 2022 that these statements were merely aspirational and did not violate consumer protection laws. However, the appeals court disagreed, stating that Earth Island plausibly argued that Coca-Cola's statements could mislead consumers into believing the company is environmentally responsible, when it might not be. This case is part of a broader trend of "greenwashing" lawsuits, where companies are accused of overstating their environmental commitments. The Federal Trade Commission is also expected to provide more guidelines on environmental marketing claims through its updated "Green Guides."Coca-Cola Must Face Suit Over Sustainability Claims After AppealX (formerly Twitter) is bracing for a potential shutdown in Brazil following escalating tensions between Elon Musk and Supreme Court Judge Alexandre de Moraes. The conflict intensified when the court froze the bank accounts of Musk's Starlink satellite firm after X failed to appoint a legal representative in Brazil by a court-imposed deadline. The dispute stems from Moraes' orders to block certain accounts on X accused of spreading misinformation, which Musk condemned as censorship. Musk responded by criticizing Moraes publicly and offering free internet access to Brazilians via Starlink. The legal battle could result in X losing access to one of its major markets, as the company has already threatened to shut down operations in Brazil due to what it describes as censorship. The situation reflects broader concerns over freedom of speech versus compliance with local laws in digital platforms.Elon Musk's X braces for shutdown in Brazil as spat with judge intensifies | ReutersAmazon lost its bid to overturn a unionization vote at its Staten Island JFK8 warehouse, solidifying it as the company's first unionized facility in the U.S. The National Labor Relations Board (NLRB) dismissed Amazon's objections to the 2022 election, where workers voted 2,654-2,131 in favor of joining the Amazon Labor Union (ALU). This ruling certifies the election results, allowing the ALU to represent the facility's roughly 8,000 workers. However, Amazon plans to appeal the decision, arguing that both the ALU and the NLRB interfered with the election. Despite the ruling, Amazon may refuse to bargain with the union, potentially leading to further legal battles. The NLRB has already accused Amazon of stalling contract negotiations and retaliating against union supporters. The decision faced dissent from the NLRB's Republican member, who argued that the union's actions, including those by its founder Christian Smalls, illegally coerced workers into voting for the union.Amazon Staten Island Center Is Retailer's First to Unionize (1)AT&T has been fined $950,000 by the FCC for a 911 service outage in August 2023, which affected parts of Illinois, Kansas, Texas, and Wisconsin. This is the latest in a series of similar outages, including two earlier incidents in 2024 that disrupted 911 services across multiple states. The most recent outage was caused by an independent contractor who unintentionally disabled part of the network during unscheduled testing. Despite AT&T's vast revenues and close ties with the U.S. government, which includes significant tax breaks and deregulation, the company has struggled to maintain reliable 911 service. These issues come amid broader concerns about AT&T's network security, as recent hacks have compromised the data of over 73 million customers. Critics argue that the government's lenient oversight and generous financial support of AT&T have contributed to its ongoing performance problems, including these critical service failures.AT&T Has To Settle Over Another 911 Outage, This Time For $950k | TechdirtThis week's closing theme is by Georg Böhm.This week's closing theme brings us into the contemplative world of Georg Böhm, a prominent figure in the German Baroque era. Born on September 2, 1661, Böhm was a distinguished organist and composer whose works deeply influenced the musical landscape of his time. Perhaps best known for his contributions to organ music, Böhm held the prestigious position of organist at St. John's Church in Lüneburg, where he became a key figure in the development of the Northern German organ school. His music is marked by its expressive depth and innovative use of the chorale.Tonight, we turn our attention to his beautiful setting of the Lutheran chorale Vater Unser im Himmelreich, a piece that perfectly captures the devotional spirit of the Baroque period. This work is a chorale prelude for organ, where Böhm takes the familiar melody of the Lord's Prayer and weaves it into an intricate and reflective tapestry of sound. Through his masterful use of counterpoint and ornamentation, Böhm brings out the theological and emotional depth of the text, creating a piece that is both meditative and majestic. As we listen, we can appreciate Böhm's ability to transform a simple hymn tune into a profound musical meditation, making it a fitting choice for our closing theme. Enjoy the rich harmonies and spiritual resonance of Georg Böhm's Vater Unser im Himmelreich. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Social Security Act SignedOn August 14, 1935, President Franklin D. Roosevelt signed the Social Security Act into law, a landmark piece of legislation that reshaped the American social welfare system. The Act established several critical programs, including unemployment insurance, pension plans for the elderly, and "Aid to Dependent Children," which later became known as Aid to Families with Dependent Children (AFDC). Born out of the economic devastation of the Great Depression, the Social Security Act was a cornerstone of Roosevelt's New Deal, aimed at providing financial security for vulnerable populations. The signing of this Act marked the beginning of a federal commitment to ensuring a safety net for the elderly, the unemployed, and families in need. The Social Security program has since evolved into one of the most enduring and significant aspects of American public policy, continuing to play a vital role in the lives of millions.Mars Inc. has agreed to purchase Kellanova, the brand behind Pringles, Eggos and Cheez-its, for nearly $36 billion, marking the largest packaged-food industry deal in almost a decade. The acquisition price includes $83.50 per share in cash, representing a 33% premium over Kellanova's closing price before the deal talks were reported. This move comes as the food industry faces declining volumes and slowing growth, prompting companies to seek consolidation and innovation. Kellanova, which spun off its cereal business last year, has shown strong earnings and raised its full-year guidance due to successful new products and marketing efforts. The deal, expected to close in the first half of next year, will allow Mars to diversify its portfolio beyond chocolate, especially as cocoa prices have surged. The transaction will be financed through Mars' cash reserves and a $29 billion bridge loan. Antitrust concerns are expected to be minimal, given the limited overlap between the companies' products. If the deal falls through due to regulatory issues, Mars would owe Kellanova a $1.25 billion termination fee.Mars Buys Snack Maker Kellanova in $36 Billion DealA New York judge, Justice Juan Merchan, has denied Donald Trump's request for the third time to recuse himself from the case in which Trump was convicted of falsifying business records related to hush money paid to Stormy Daniels. Trump's lawyers argued that Merchan had a conflict of interest due to his daughter's work for a political consultancy linked to Democratic campaigns. However, Merchan dismissed these claims, stating they were repetitive and lacked evidence. Trump was found guilty on 34 felony counts in May, with sentencing scheduled for September 18. The Manhattan District Attorney's Office labeled Trump's recusal attempts as frivolous.Trump loses third bid for judge to step aside in hush money case | ReutersThe U.S. Department of Justice (DOJ) is contemplating breaking up Google following a court ruling that found the company monopolized the online search market. This would be the most significant antitrust action since the unsuccessful attempt to break up Microsoft two decades ago. Among the possible remedies, the DOJ is considering divesting units like the Android operating system and the Chrome web browser, or even forcing Google to sell its AdWords platform. Another option involves requiring Google to share data with competitors like Microsoft's Bing or DuckDuckGo, to level the playing field. The DOJ's deliberations follow Judge Amit Mehta's recent ruling against Google, which found that the company used illegal agreements to secure its dominance in search and search ads. The DOJ may also push for a ban on exclusive contracts that stifle competition, which were central to the case. If pursued, the breakup would be the largest since AT&T's dismantling in the 1980s. However, Google plans to appeal the ruling, and any DOJ proposal would need court approval.DOJ Mulls Google Breakup Push After Landmark Antitrust Win (1)The National Labor Relations Board (NLRB) has argued that the recent U.S. Supreme Court ruling in Jarkesy v. U.S. Securities and Exchange Commission does not affect its ability to address illegal labor practices. The Supreme Court ruling found that the SEC's in-house enforcement practices violated the constitutional right to a jury trial, raising questions about the powers of other agencies. However, the NLRB maintains that its role in remedying worker harm is distinct from the punitive measures by the SEC, as it focuses on compensating workers rather than imposing penalties. Macy's, which is appealing an NLRB decision related to an illegal lockout, contends that the Supreme Court's ruling applies broadly, including to claims involving illegal firings, which the company argues are similar to common law wrongful termination cases. The NLRB cited a 2022 decision in Thryv Inc., which expanded its power to order compensation for direct or foreseeable financial harms. While the 5th Circuit Court invalidated the Thryv ruling on its merits, it did not address broader issues of remedies. The 9th Circuit is now considering the impact of the Jarkesy decision on the NLRB's authority.NLRB, Macy's duel over US Supreme Court ruling's impact on agency powers | ReutersYesterday, in a piece I wrote for Forbes, I explored the economic impact of tax breaks for data centers, arguing that while these facilities are essential to the modern digital economy, they don't generate long-term job growth as some proponents suggest. Instead, data centers resemble traditional infrastructure projects, offering utility rather than sustained employment. For example, in Washington State, tax incentives meant to create jobs in rural areas have primarily benefited large corporations like Microsoft, with minimal job creation for local communities.These data centers also place significant demands on local resources, such as electricity and water, especially in areas where these resources are scarce. Given their limited role in job creation, I suggest that public subsidies should focus on the construction and development of these centers and related internet infrastructure, rather than on ongoing operational support. By investing in infrastructure that enhances connectivity and sustainability, states can ensure public funds are used responsibly and generate broader social benefits.Tax Breaks For Data Centers Bring Few Jobs This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Welcome to Supreme Court Opinions. In this episode, you'll hear the Court's opinion in Glacier Northwest, Inc. v International Brotherhood of Teamsters. In this case, the court considered this issue: Does the National Labor Relations Act preempt a state-court lawsuit against a union for intentionally destroying an employer's property during a labor dispute? The case was decided on June 1, 2023. The Supreme Court held that The National Labor Relations Act (NLRA) did not preempt Glacier's state-court lawsuit alleging that the union intentionally destroyed the company's property during a labor dispute. Justice Amy Coney Barrett authored the majority opinion of the Court. The position of the National Labor Relations Board (NLRB) is that while the NLRA generally recognizes the right of workers to strike, it does not protect from liability strikers who fail to take “reasonable precautions” to protect their employer's property from foreseeable harms caused by the sudden cessation of work. At the motion to dismiss stage, the court accepts the allegations in the complaint as true. Accepting the allegations here as true, the Union failed to take reasonable precautions to protect Glacier's property, as the Union knew that concrete is highly perishable and, if left to harden in a truck's drum, will cause significant damage to the truck. Because the Union knew of this risk—and indeed intended that result—the strike went beyond the conduct protected by the NLRA. Because the strike was not protected by federal law, the state tort claims were not preempted. Justice Clarence Thomas authored an opinion concurring in the judgment, in which Justice Neil Gorsuch joined. Justice Thomas would reach the same conclusion that the state-court claims are not preempted based on adherence to the Court's decision in ___. He wrote separately to emphasize the “oddity” of the “broad pre-emption regime” in the case the majority relied on—San Diego Building Trades Council v Garmon, —and suggesting that the Court reassess its holding in that case. Justice Samuel Alito authored an opinion concurring in the judgment, in which both Justices Thomas and Gorsuch joined. Justice Alito would reach the same conclusion based solely on the Court's longstanding position that the NLRA does not immunize strikers who engage in trespass or violence against the employer's property. Justice Ketanji Brown Jackson authored a dissenting opinion, pointing out that the test in Garmon is only whether the conduct at issue is “arguably” protected by the NLRA, as determined by the Board. She criticized the Court for stepping in to make that determination instead of allowing the Board to do so. The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.  --- Support this podcast: https://podcasters.spotify.com/pod/show/scotus-opinions/support

Starbucks Corp. v. McKinney sits at an interesting intersection of labor and administrative law. The facts of the case concern Starbucks Corp.'s alleged retaliation against seven Memphis workers for unionization efforts. The question before the Supreme Court, however, was not the Labor Law question of whether Starbucks violated the National Labor Relations Act (NLRA), but an Administrative law one as the case asks what standard the National Labor Relations Board (NLRB) needed to meet to obtain an injunction under Section 10(j) of the NLRA from a court. Is "reasonable cause" enough or is there a more stringent test a court should use?The Court heard oral argument in the case on April 23, 2024, and on June 13, 2024, issued its decision, vacating the decision of the Sixth Circuit and remanding it for further proceedings. Justice Thomas wrote the decision for the majority joined by Chief Justice Roberts and Justices Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett. Justice Jackson wrote an opinion dissenting in part, concurring in part, and concurring in judgment.Join us for a Courthouse Steps Decision program, where we will analyze this decision and its possible ramifications.Featuring:G. Roger King, Senior Labor and Employment Counsel, HR Policy Association

The U.S. Supreme Court issued an 8-1 decision in Starbucks Corp. v. McKinney, overturning a deferential legal standard that has allowed the National Labor Relations Board (NLRB) to enjoin a company's conduct without showing that it likely broke the law. Justice Thomas authored the Court's opinion. Justice Jackson provided a ninth vote, concurring in the judgment, but dissenting in part at a length greater than the majority decision. The Court held that federal courts may not issue preliminary injunctions unless the NLRB meets four requirements: (1) it is likely to succeed on the merits; (2) it would suffer irreparable injury absent an injunction; (3) the balance of equities favors an injunction; and (4) an injunction serves the public interest.  Today's decision overrules the five federal circuits that have been applying a relaxed standard when NLRB seeks a preliminary injunction, permitting it to punish an employer based on legal and factual allegations that are most likely meritless. In this episode, Mark, John, and Jenin discuss celebrate the victory and discuss the case. See omnystudio.com/listener for privacy information.

Bob is fascinated by the balance between the need for regulation and the vast growth of the administrative state. We are also fascinated by just how much the political winds impact the law...even though we like to believe it is solid and hard to change.  Look no further than the 88-year-old National Labor Relations Act, and the National Labor Relations Board (NLRB) which it created. It is now under fire at the Supreme Court.A product of the New Deal, the NLRB has yet to face such a challenge in the modern era, but major companies like SpaceX, Starbucks, and Trader Joe's have marshaled a constitutional challenge to the legitimacy of its composition and enforcement activities, hoping to eventually find a sympathetic ear before the U.S. Supreme Court, currently controlled by a conservative majority. These arguments range from challenges to the board's impartiality to issues concerning the separation of powers doctrine, given the inability to remove board members except “for cause,” to violations of due process and deprivation of the right to trial by jury under the Fifth and Seventh Amendments, respectively. And given the Biden NLRB's aggressive policy and enforcement prerogatives, these arguments have begun to become commonplace defenses against its actions.John Balitis knows the NLRB. He knows what it is like to "walk in" and face an administrative investigation/prosecution/enforcement/judicial and appellate body...ALL IN ONE!His prediction? Somehow the board...which impacts virtually every workplace...is likely going to be a different animal once the Supreme Court rules.  How different?  What does it mean for employers?  Employees?Take a listen now!

The Regulatory Transparency Project (RTP) is pleased to host a stellar panel of top labor and employment law experts for a lively discussion in which our panelists will grade the Biden Administration's administrative, regulatory, and enforcement activity under the Department of Labor (DOL) and the National Labor Relations Board (NLRB).How have these agencies' approaches to administrative law under the Biden Administration been similar to or different from prior administrations? Where have they been aggressive, where have they been conservative, and why?  What have been the regulatory successes of the first three years?  The failures? And what unaddressed or latent regulatory issues might the agencies be taking up in 2024 (and beyond)?  Tune in and find out how the experts view the Biden Administration's actions from divergent points of view.Featuring:Moderator: Gregory Frederick Jacob, Partner, O'Melveny & Myers LLPJudy Conti, Government Affairs Director, National Employment Law ProjectHon. Philip Miscimarra, Partner, Morgan, Lewis & Bockius LLPTimothy Taylor, Partner, Holland & Knight LLP

It's Hump Day! Sam speaks with Daniel Poppen, member of the union organizing committee at the Trader Joe's location in the North Center neighborhood of Chicago, to discuss the staff's decision to file for a union election. Then, he speaks with Matt Bruenig, founder of the People's Policy Project, author of the NLRB Edge newsletter, and co-host of “The Bruenigs” podcast, to discuss his recent NLRB filing against Steven Crowder. First, Sam reacts to State Dept. spokesperson Matthew Miller refusing to answer the Associated Press's Matt Lee's question about why they've been unable to verify whether Israel struck an Iranian diplomatic target in Syria. Then, Sam's joined by Dan Poppen as they take us through the steps that led the Trader Joe's North Center location in Chicago to vote for a union election. Dan discusses some of the issues that have been facing Trader Joe's workers, the inspiration they've received from other unionizing Trader Joe's locations around the country, and what they can anticipate going forward after the vote totals are finalized. Then, Sam is joined by Matt Bruenig to discuss his representation of Jared Monroe, AKA "Not Gay Jared", the former "Louder With Crowder" employee, who has filed a complaint with the National Labor Relations Board (NLRB) against Steven Crowder and the company. Bruenig outlines the main pillars that constitute the NLRB complaint, and provides some context to Jared's experience while working for Steven Crowder, what that entailed, and what they're hoping to achieve as the complaint is arbitrated and decided upon. And in the Fun Half, Sam reacts to Google employees demonstrating and conducting sit-ins against Google's work with Israel in their New York and California offices. He and Matt then check in on Speaker Johnson's tightrope walk, attempting to pass a supplemental foreign aid bill, which his far-right faction doesn't want. Johnson, who's now referring to him as a "wartime Speaker", is losing soldiers as an outline has been revealed, with Pennsylvania Rep. Scott Perry complaining that there's no border funding in the legislation (it was in another bill that Perry and his cohort didn't support). On the other end, former Kevin McCarthy confidant Rep. Garret Graves asks the all-important question: "What are Republicans getting" from this supplemental? And now, Speaker Johnson is only being offered tepid support from former President Trump, who is now willing to wait and see what happens to him with the motion to vacate looming over his head. Sam and Matt then turn to Trump's hush money trial, with Trump attorney and spokesperson Alina Habba telling Fox's Martha McCallum that Trump will be regarded like *wait for it* Nelson Mandela if he were to be put in jail for violating his gag order. Sam covers the recent Politico scoop of comedian Rob Schneider tanking a performance in front of Senate Republicans and their staffers, before diving into Trump's recent rally this weekend where he heard chants of "Genocide Joe!", to which he responded in part by saying: "You're not wrong". And, finally, Sam and Matt step into Dave Rubin's corner, where Rubin discusses his concerns about his inability to "arbitrage" the divide between the left and the right. Then, they check in on Dave's conversation with Will Cain from last week, where Dave tries his absolute hardest to take shots at Tucker Carlson and Candace Owens while *trying his absolute hardest* not to actually take shots at Tucker Carlson or Candace Owens. Plus, your IM's! Find out more about Trader Joe's union efforts here: https://traderjoesunited.org/ Check out NLRB Edge here: https://www.nlrbedge.com/ Find out more about the People's Policy Project here: https://www.peoplespolicyproject.org/ Check out "The Bruenigs" here: https://www.patreon.com/thebruenigs Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Check out Seder's Seeds here!: https://www.sedersseeds.com/ ; use coupon code APRIL and get 42% off anything on the site until April 21st!; ALSO, if you have pictures of your Seder's Seeds, send them here!: hello@sedersseeds.com Check out this GoFundMe in support of Mohammad Aldaghma's niece in Gaza, who has Down Syndrome: http://tinyurl.com/7zb4hujt Check out the "Repair Gaza" campaign courtesy of the Glia Project here: https://www.launchgood.com/campaign/rebuild_gaza_help_repair_and_rebuild_the_lives_and_work_of_our_glia_team#!/ Get emails on the IRS pilot program for tax filing here!: https://service.govdelivery.com/accounts/USIRS/subscriber/new Check out StrikeAid here!; https://strikeaid.com/ Gift a Majority Report subscription here: https://fans.fm/majority/gift Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Check out today's sponsors: Fast Growing Trees: This Spring Fast Growing Trees has the best deals online, up to half off on select plants and other deals. And listeners to our show get an ADDITIONAL 15% OFF their first purchase when using the code MAJORITY at checkout. That's an ADDITIONAL 15% OFF at https://FastGrowingTrees.com using the code MAJORITY at checkout. https://FastGrowingTrees.com code MAJORITY. Offer is valid for a limited time, terms and conditions may apply.Earthbreeze: Right now, my listeners can receive 40% off Earth Breeze just by going to https://earthbreeze.com/majority! That's https://earthbreeze.com/majority to cut out single-use plastic in your laundry room and claim forty percent off your subscription. Blueland Cleaning Products: Blueland has a special offer for listeners. Right now, get 15% off your first order by going to https://Blueland.com/MAJORITY. You won't want to miss this! https://Blueland.com/MAJORITY for 15% off. 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It's Hump Day! Sam and Emma speak with Jeremy Kimbrell, a measurement machine operator at the  Mercedes-Benz plant in Vance, Alabama and member of the volunteer organizing committee at the plant, to discuss the plant's recent decision to file for a union election with the National Labor Relations Board (NLRB), to join the United Auto Workers (UAW). Then, they speak with Terri Gerstein, director of the Wagner Labor Initiative at New York University, to discuss the recent efforts in different states to weaken or strengthen child labor laws. First, Sam and Emma run through updates on Arizona's major State Supreme Court decision, Biden's rhetorical and policy developments on Israel, inflation, immigration policy, EPA, ESDA, and FAA operations, and the candidacies of RFK and Cornel West, before diving a little deeper into Arizona's Supreme Court decision reverting the state's reproductive policy to an 1864 law. Jeremy Kimbrell then joins, diving right into his history working at Mercedes' Alabama plant of around 5,000, and the progressive attempts to organize one of two (the other being in South Carolina) Mercedes plans not represented by a collective bargaining agreement, with the major revelations at the UAW in the wake of COVID coming about at the perfect time, and allowing the plant to begin their unionization efforts with the backing of a major union. After tackling the major emphasis on a democratic organizing process, Kimbrell steps back to parse through the recent unfair labor practice filings the plant has filed against Mercedes both domestically, and in German courts, and how they could play into the ongoing unionization process. Terri Gerstein then walks Sam and Emma through the role of child labor law in the US, largely setting stronger safety and work regulations for child labor on both the federal and state levels, and what ongoing attacks from the right are doing to undermine these regulations, including gutting permit requirements and redefining work to allow kids to work in previously-considered-hazardous workplaces. After looking at the particular roles of “fissured workplaces,” and right-wing state legislatures in worsening this issue, wrapping up the interview by tackling the additional issue of the US' incredibly weak mechanisms of labor enforcement and accountability, and how we can start to change that. And in the Fun Half: Sam and Emma dive deep into the theocratic GOP's ongoing attack on abortion, from Arizona legislators praying on the state seal to debates and defenses of Trump's pivot to the “moderate” position of “let the states outlaw it,” before touching on the months late Democratic backlash to Israel's ongoing genocide. Peter from California dives into the US relationship to antisemitism (and a new bill to enforce it), Kevin McCarthy goes on the offensive against his own pedophilic petard, and Teagan from Seattle updates MR on the dangers of a new British trans healthcare report. James from Long Island gives a worrying update on Nassau's Bruce Blakeman, and Stephen Crowder and co. share their thoughts on women's freedoms, plus, your calls and IMs! Find out more about the Vance, Alabama Mercedes's plant election filing here: https://uaw.org/mercedes-benz-workers-in-alabama-file-for-union-election-as-southern-autoworkers-stand-up-to-join-the-uaw/ Find out more about the Wagner Labor Initiative here: https://wagner.nyu.edu/impact/initiatives/labor-Initiative Check out the Abortion Fund of Arizona here: https://www.abortionfundofaz.org/ Check out the Tucson Abortion Support Collective here: https://www.abortionintucson.org/home_english Check out Indigenous Women Rising here: https://www.iwrising.org/ Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Check out Seder's Seeds here!: https://www.sedersseeds.com/ ; use coupon code Majority and get 15% off; ALSO, if you have pictures of your Seder's Seeds, send them here!: hello@sedersseeds.com Check out this GoFundMe in support of Mohammad Aldaghma's niece in Gaza, who has Down Syndrome: http://tinyurl.com/7zb4hujt Check out the "Repair Gaza" campaign courtesy of the Glia Project here: https://www.launchgood.com/campaign/rebuild_gaza_help_repair_and_rebuild_the_lives_and_work_of_our_glia_team#!/ Get emails on the IRS pilot program for tax filing here!: https://service.govdelivery.com/accounts/USIRS/subscriber/new Check out StrikeAid here!; https://strikeaid.com/ Gift a Majority Report subscription here: https://fans.fm/majority/gift Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Check out today's sponsors: Shopify: Sign up for a one-dollar-per-month trial period at https://shopify.com/majority. Go to https://shopify.com/majority now to grow your business–no matter what stage you're in. Liquid IV: Turn your ordinary water into extraordinary hydration with Liquid I.V. Get 20% off your first order of Liquid I.V. when you go to https://LiquidIV.com and use code MAJORITYREP at checkout.That's 20% off your first order when you shop better hydration today using promo code MAJORITYREP at https://LiquidIV.com. Fast Growing Trees: This Spring they have the best deals online, up to half off on select plants and other deals. And listeners to our show get an ADDITIONAL 15% OFF their first purchase when using the code MAJORITY at checkout. That's an ADDITIONAL 15% OFF at https://FastGrowingTrees.com using the code MAJORITY at checkout. Offer is valid for a limited time, terms and conditions may apply Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattLech @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Check out Matt Binder's YouTube channel: https://www.youtube.com/mattbinder Subscribe to Brandon's show The Discourse on Patreon! https://www.patreon.com/ExpandTheDiscourse Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/

It's Hump Day! Sam speaks with Lisa Heinzerling, law professor at Georgetown University, to discuss the impact of the Supreme Court's upcoming rulings on Loper Bright Enterprises  v. Raimondo & Relentless v. Department of Commerce, as well as the court hearing arguments yesterday regarding mifepristone and medication abortion. Then, Sam speaks with Heather Herbert, a hospice registered nurse at PeaceHealth Medical Center in Springfield, Oregon and member of the Oregon Nurses Association (ONA),  to discuss the recent strike action at the hospital and the new labor complaints they've filed with the National Labor Relations Board (NLRB). First, Sam runs through updates on the US public's disapproval of Israel's genocide, the US State Department, Texas' fascist border power grab, labor action across the US, legal woes for Trump and Co., and Ronna McDaniel's brief NBC tenure, before diving into details of the collision that collapsed Francis Scott Key in Baltimore, and the profiteering that drives disasters like this one. Professor Lisa Heinzerling then joins, diving right into the context of the Alliance for Hippocratic Medicine's suit against the FDA, including their objections to the FDA's relaxation of requirements for Mifepristone, the most common abortion medication in the US, and the overwhelming scientific evidence for the efficacy and safety of the drug. Expanding on this, Professor Heinzerling looks at this case within the broader context of the Supreme Court's attack on the administrative state, fitting neatly into a pattern of cases with very vague and obscure claims of injury resulting in massive shakeups to the legal and political structure in the US, something also reflected in Loper Bright Enterprises v. Raimondo, before walking through the greater idea of the Chevron Doctrine and administrative deference. After assessing where this current iteration of the Roberts Court stands among the most extreme activist courts, Lisa and Sam wrap up the interview with a brief conversation on the reaction of legal institutions and law schools to the myriad ongoing Supreme Court scandals. Nurse Heather Herbert and Sam then dive into the context of ONA's ongoing labor action, with contract negotiations stalling for over a year as PeaceHealth attempted to force lower pay on some 125 hospice and home care workers, despite the same qualifications as hospital nurses with additionally extensive and expensive training required. After expanding on the serious hit this process took on these Nurses, Herbert dives into the hospice Nurses' difficult decision to strike, tackling the clear unfair labor practices exercised by PeaceHealth in response, and wrapping up with a conversation on the strike's support from and impact on patients and community members. And in the Fun half: Sam admires the growing protests against US complicity in the genocide of Gaza, including actions against Reps Jeffries and McGovern and President Biden, and watches the right-wing attempt to spin the Francis Scott Key Bridge disaster into a diversity issue instead of a capitalism one. Casey in DC uncovers some odd coincidences in Rep. Bill Johnson's (R-OH) post-congress career path, Bobby from Georgia explores the perception of inflation under Biden alongside rising housing costs, and Fox News hosts react to the Ronna McDaniel saga. Dylan from Ft. Collins on the slow journey out of right-wing conspiracy, Pep from Texas on Blinken's Zionism, and Stephen Crowder's workplace and domestic abuses come to the fore, plus, your calls and IMs! Check out some of Lisa's writing here: https://www.bostonreview.net/authors/lisa-heinzerling/ Find out more about the ONA here: https://www.oregonrn.org/ https://www.oregonrn.org/page/SHHCSStrike Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Check out Seder's Seeds here!: https://www.sedersseeds.com/ ; use coupon code Majority and get 15% off; ALSO, if you have pictures of your Seder's Seeds, send them here!: hello@sedersseeds.com Check out this GoFundMe in support of Mohammad Aldaghma's niece in Gaza, who has Down Syndrome: http://tinyurl.com/7zb4hujt Check out the "Repair Gaza" campaign courtesy of the Glia Project here: https://www.launchgood.com/campaign/rebuild_gaza_help_repair_and_rebuild_the_lives_and_work_of_our_glia_team#!/ Get emails on the IRS pilot program for tax filing here!: https://service.govdelivery.com/accounts/USIRS/subscriber/new Check out StrikeAid here!; https://strikeaid.com/ Gift a Majority Report subscription here: https://fans.fm/majority/gift Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Check out today's sponsors: Shopify: Sign up for a one-dollar-per-month trial period at https://shopify.com/majority. Go to https://shopify.com/majority now to grow your business–no matter what stage you're in.  Aura Frames: Right now, you can save on the perfect gift that keeps on giving by visiting https://AuraFrames.com. For a limited time, listeners can get 20 dollars off their best-selling frame with code MAJORITY. That's https://AuraFrames.com A-U-R-A Frames.com promo code MAJORITY. Terms and conditions apply. Sunset Lake CBD: Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattLech @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Check out Matt Binder's YouTube channel: https://www.youtube.com/mattbinder Subscribe to Brandon's show The Discourse on Patreon! https://www.patreon.com/ExpandTheDiscourse Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/

This Day in Legal History: Gorbachev at the HelmOn this day in 1985, Mikhail Gorbachev became the new leader of the Union of Soviet Socialist Republics following the death of Konstantin Chernenko. At just 54 years old, Gorbachev was the youngest member of the Politburo and brought a new vision for reform to the stagnant Soviet system.Domestically, he introduced policies of glasnost (openness) and perestroika (restructuring) to liberalize the economy and allow greater freedom of expression. These sweeping changes upended decades of repressive Soviet policies and paved the way for democratization.On the international front, Gorbachev pursued arms reduction negotiations with US President Reagan, easing Cold War tensions. In 1987, they signed the historic INF Treaty, eliminating an entire class of nuclear missiles from Europe.Gorbachev's reforms proved too fast and destabilizing for the Soviet system. In 1991, hardline communists attempted a coup against him which failed, hastening the dissolution of the USSR into independent republics by year's end.For helping end the Cold War without bloodshed, Gorbachev was awarded the 1990 Nobel Peace Prize. His legacy remains complex but he is widely credited with allowing self-determination for Eastern Europe and averting catastrophic conflict.A federal judge in Texas has struck down a rule issued by the National Labor Relations Board (NLRB) that would have expanded the definition of "joint employer" to include many companies that contract or franchise workers. The rule would have treated those companies as employers of the contract or franchise workers, requiring them to bargain with unions representing those workers. The judge agreed with business groups like the U.S. Chamber of Commerce that the rule was too broad and violated federal labor law. The NLRB chair said they are considering next steps, likely an appeal to the 5th Circuit Court of Appeals. The rule was intended to ensure companies can be held liable for labor violations when they control key working conditions of contract/franchise workers. However, businesses argued it would disrupt franchising and contracting arrangements. The joint employer issue has been contentious, with shifting standards between the Obama, Trump, and Biden administrations.Judge blocks US labor board rule on contract and franchise workers | ReutersLabor Board's Joint Employer Rule Struck Down in Texas Court (4)A committee of judges on the U.S. Court of Appeals for the Federal Circuit argued that a lower court should dismiss the remaining parts of a lawsuit filed by 96-year-old colleague Pauline Newman over her suspension. The judges claim the law governing Newman's suspension for an investigation into her fitness to serve is constitutional, despite her challenges. Newman's attorney plans to respond to the arguments made. Last month, a federal judge dismissed most of Newman's other allegations against the judicial council that suspended her. The council suspended Newman in September 2022 for at least a year amid concerns over her mental competency, which she has defended. The judges argue even if some suspension orders could violate the Fourth Amendment in certain situations, that would not make the governing law unconstitutional overall.By way of brief background, Judge Newman contends that certain elements of what was demanded of her violate the Fourth Amendment as they are unconstitutionally vague under the Due Process Clause. Specifically, in Counts VIII and IX of the complaint, linked in the show notes, Judge Newman argues that the Act's authorization of demands for medical records or examinations without a warrant based on probable cause or constitutional reasonableness violates the Fourth Amendment. However, these claims are likely legally untenable for multiple reasons, including the failure to meet the standards of a facial challenge.US appeals judges argue suspension of 96-year-old colleague is constitutional | ReutersCustomers have filed a proposed class action lawsuit against Johnson & Johnson's subsidiary in Los Angeles federal court. The suit alleges J&J failed to warn consumers that its acne products like Clean & Clear and Neutrogena contain benzene, a cancer-causing chemical. The customers claim they would not have purchased the products if they knew about the benzene and associated cancer risk. This comes days after an independent lab alerted the FDA about high benzene levels in popular acne product brands. The EPA has stated breathing low levels of benzene over a lifetime can increase cancer risk. The suit accuses J&J of ignoring the FDA's 2022 warning to test products for benzene contamination. It seeks to represent a national class and subclasses in several states against J&J's alleged failure to warn.J&J Allegedly Failed to Warn Acne Cream Customers of Cancer RiskA new trial involving a fatal 2018 crash while Tesla's Autopilot was engaged will test the company's defense that drivers must remain attentive and ready to take over at any moment. Lawyers for the plaintiff are citing internal emails and testimony suggesting Tesla knew drivers could become distracted or complacent when using Autopilot. They argue Tesla should have studied how quickly drivers can regain control if Autopilot fails. Testimony indicates Tesla did not research this issue until after the 2018 crash, and only added driver monitoring cameras in 2021. The case could pose a significant challenge to Tesla's stance that Autopilot is safe if drivers follow instructions. It highlights questions about Tesla's knowledge of likely driver behavior and obligation to design safeguards against foreseeable misuse. The outcome may influence other lawsuits Tesla faces over accidents involving its driver assistance systems.Next Autopilot trial to test Tesla's blame-the-driver defense | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

We speak with Don Mark Roxas and Diego Ramirez, workers at Trader Joe's Essex Crossing in Lower Manhattan, about the recent firing of a union worker and the ongoing struggle there to unionize the workforce. We are also joined by Seth Goldstein, a union lawyer who represents the workers, about threats that labor law is facing: Amazon, SpaceX and Trader Joe's are alleging in a legal filing published Friday morning that the National Labor Relations Board (NLRB) is unconstitutional.

In our first segment, we speak with workers at Trader Joe's Essex Crossing in Lower Manhattan about the recent firing of a union worker and the ongoing struggle there to unionize the workforce. We are also be joined by Seth Goldstein, a union lawyer who represents the workers, about threats that labor law is facing: Amazon, SpaceX and Trader Joe's are alleging in a legal filing published Friday morning that the National Labor Relations Board (NLRB) is unconstitutional. Then, we hear an interview by Indypendent Editor-in-Chief John Tarleton with Bennett Fischer of the United Federation of Teachers. At the United Federation of Teachers, one of the city's largest municipal unions, UFT Retiree Advocate, a group of retiree activists, announced on Friday that they will contest an internal union election this spring for leadership of the retiree chapter which has more than 60,000 members. And in our final segment, we speak with Tami Gold, Professor of Film and Media Studies at CUNY's Hunter College about an ongoing film series showing movies about Palestine. She'll also update us about an upcoming Jewish Voice for Peace protest for Palestine.

It's Hump Day! First, in a pre-taped conversation, Sam speaks with Seth Goldstein, legal counsel for Trader Joe's United & the Amazon Labor Union (ALU), to discuss a recent legal filing by Amazon, Trader Joe's, and SpaceX that alleges that the National Labor Relations Board (NLRB) is unconstitutional. Then, Emma speaks with Dr. Tarek Loubani, associate professor at the University of Western Ontario and leader of the Glia Project, to discuss what is happening on the ground now that hospitals in Gaza are mostly non-operational. First, Emma runs through updates on the US vetoing a UN ceasefire resolution for the THIRD time, Gaza's dire situation, Ukrainian troops, US sanctions on Russia, Trump's legal woes, the FBI's Biden Informant and his foreign connections, SCOTUS attacks, student debt, Starbucks unions, and the murder of a nonbinary child in Oklahoma, before watching Nikki Haley put on her best Hillary Clinton pants(uit) and accuse Trump of Russia-connected authoritarianism. Then, Sam is joined by Sam Goldstein as they dive into the evolution of the legal attacks on the NLRB, beginning with Amazon's objections to the NLRB's role in the Amazon Labor Union elections of 2022, and seeing Elon Musk file suit against the NLRB's constitutionality in the wake of a decision against SpaceX. Next, Goldstein steps back, walking through the establishment of the National Labor Relations Act in 1935 as an attempt to institutionalize the conflict between labor and management in an attempt to somewhat protect workers' rights, and the near-nonexistent changes in its management (outside of the 1947 Taft-Hartley Act) over the following eight decades, despite the overwhelming changes to the labor market with the rise of Tech and the gig economy. After tackling the history of challenges to its unconstitutionality, Seth walks Sam through the three major planks of SpaceX's case – namely: the requirement of good cause for Presidents to remove NLRB judges, the Seventh Amendment right to a jury, and the Board's combination of legislative, judicial, and executive powers. Exploring each point, Goldstein tackles the absurdity of each point within the broader operations of the US government, and the devastating impact the case could have on both the NLRB and the administrative state writ large. After discussing SpaceX's attempt to keep this legal battle in Texas, Goldstein wraps up with Trader Joe's similar case coming out of Connecticut, the threat IT poses to the NLRB, and what to expect moving forward. Dr. Tarek Loubani then joins, first parsing through his experience doing humanitarian and medical work in Gaza over the last decade, and touching on his experiences during Gaza's Great March of Return in 2018, which saw thousands of Gazans shot during peaceful and civil demonstrations against their conditions, including Dr. Loubani himself. Next, Loubani assesses the complete devastation of Gaza's medical care during Israel's ongoing ethnic cleansing of the region, with Israel's active attacks on both medical institutions and medical personnel setting a new standard for depraved warfare, also exploring the harrowing and devastating realities of genocide and apartheid on the ground, from both a medical and broader perspective. Tarek also discusses his experiences at Al-Shifa Hospital, and unpacks the insane claim that Hamas could operate its military out of overpacked and overwhelmed medical centers, before wrapping up by addressing the active culpability and complicity of the West and the need to hold our politicians accountable. And in the Fun Half: Emma is joined by the great RM Brown as they tackle the NBA All-Star game, watch Norm Finkelstein dunk on Rabbi Shmuley, and touch on some highlights from Rabbi Shmuley's agitprop tape. They also watch Dr. Irfan Galaria reflect on his experiences in Gaza with Joy Reid, and bask in the heckling of genocide-endorsers Hillary Clinton and Nancy Pelosi, plus, your IMs! Follow Seth on Twitter here: https://twitter.com/SethGoldstein13 Check out the "Repair Gaza" campaign courtesy of the Glia Project here: https://www.launchgood.com/campaign/rebuild_gaza_help_repair_and_rebuild_the_lives_and_work_of_our_glia_team#!/ Find out more about the Glia Project here: https://glia.org/ Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Get emails on the IRS pilot program for tax filing here!: https://service.govdelivery.com/accounts/USIRS/subscriber/new Check out a preview of Janek Ambros's documentary "Ukrainians in Exile" here: https://www.youtube.com/watch?v=y6HGVL6FJ-U&ab_channel=AssemblyLineEntertainment Check out StrikeAid here!; https://strikeaid.com/ Gift a Majority Report subscription here: https://fans.fm/majority/gift Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Check out today's sponsors: Zippix Toothpicks: Make your lungs happy and try Zippix Nicotine Toothpicks. Ditch the cigarettes, ditch the vape and get some nicotine infused toothpicks at https://ZippixToothpicks.com today. Get 10% off your first order by using the code MAJORITY10 at checkout. Your lungs will be glad you did. MUST be 21 or older to order. Warning, nicotine is an addictive chemical. Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattLech @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Check out Matt Binder's YouTube channel: https://www.youtube.com/mattbinder Subscribe to Brandon's show The Discourse on Patreon! https://www.patreon.com/ExpandTheDiscourse Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/

It's Hump Day! Sam speaks with Griffin Ritze, a union organizer at Amazon's largest air hub in Kentucky, Amazon KCVG, and Marcio Rodriguez, a Planeside Ramp worker and member of the Amazon Labor Union-KCVG organizing committee, to discuss their efforts to ratify their constitution and file with the National Labor Relations Board (NLRB) for a union election. Then, Sam speaks with Dr. Thaer Ahmad, emergency room physician and assistant program director of the Advocate Christ Emergency Medicine Residency Program, to discuss his recent experience volunteering at the Al Nasser Hospital in Khan Younis in the Gaza Strip. First, Sam runs through updates on the GOP finally succeeding in the impeachment of Sec. Mayorkas, Pennsylvania Democrats' victory, minimum wage legislation, Israel's siege of Rafah, the US State Department's weapons “review,” and Pakistani elections, before diving into Tom Suozzi's victory in the NY-3 special election to replace George Santos. Griffin Ritze then joins, diving right into the major factors behind the beginning of the unionization effort at KCVG, with Amazon cutting benefits amid rising inflation and internal dissent, alongside the labor victory at Amazon JFK-8. After touching on his firing just weeks ago in the lead-up to an election filing, Ritze wraps up by expanding on the major problems with the working conditions at the KCVG Amazon air freight location, and what we can do to support their fight. Dr. Thaer Ahmad then walks through his assessment of the already shaky state of the healthcare system in pre-October 7th Gaza, as well as his relationship to the healthcare system, as a first-generation Palestinian-American doctor, before tackling the extensive effort it took to get into Gaza as a healthcare worker. Next, Dr. Ahmad explores the extreme changes in quality of life in Southern Gaza from his previous experiences providing healthcare, parsing through the impact of mass displacement into Rafah alongside the dwindling number of functioning hospitals in the region creating a system of severely overworked, underfunded, and under-resourced healthcare workers. After looking at the impact of the mass starvation and water scarcity on health, Thaer explores the constant siege on hospitals, even in the south of Gaza, and the clear goal of extending the ethnic cleansing until Gaza is gone, also expanding on the massive impact of the violent occupation on children in Gaza. Wrapping up, Dr. Ahmad dives into the insanity of Israel's backers revoking aid for UNRWA, the devastating impact of the blockage of aid to Gaza, and the US' insistence on not going around it, before wrapping up with what we can do to help get humanitarian aid to the people of Gaza. And in the Fun Half: Sam watches Channel 4 once again confront an Israeli spox. over the lack of evidence around their UNRWA claims, MSNBC tiptoes around addressing the Nakba, and Michael Cohen makes some claims about Trump's nepotism. Kevin from Detroit highlights the ‘Listen to Michigan' Campaign to pressure Biden and Democrats over their support for Israeli apartheid, Mo from Texas parses through issues of empathy and healthcare in the US, and Juliet from Portland tackles trans marginalization in queer community. Steve Bannon talks about American apartheid, the MR Crew explores the disappearance of competitive US House districts, and Dana Bash discusses some factors in Tom Suozzi's victory. Find out more about the Amazon Labor Union-KCVG's efforts here: https://unionizeamazonkcvg.org/ Follow Dr. Ahmad on Instagram here: https://www.instagram.com/tahmadmd/?hl=en Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Check out these aid organizations to Palestine here: https://www.anera.org/ https://www.pcrf.net/ Check out the "Listen to Michigan" effort here: https://www.listentomichigan.com/ Check out StrikeAid here!; https://strikeaid.com/ Gift a Majority Report subscription here: https://fans.fm/majority/gift Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Check out today's sponsors: Shopify: Sign up for a one-dollar-per-month trial period at https://shopify.com/majority.  Go to https://shopify.com/majority now to grow your business–no matter what stage you're in. 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It's ESVN OT, SUPER BOWL EDITION! Emma and Bradley give their final locks of the NFL season ahead of Super Bowl Sunday, and touch on the NBA trade deadline and Dartmouth men's basketball players moving to unionize! Follow Emma and Bradley on Twitter: @EmmaVigeland @BradKAlsop Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ EMMA AND BRADLEY'S PICKS FOR SUPER BOWL WEEKEND!: Emma (29-33-1): Chiefs +2 vs. 49ers George Kittle: OVER 49.5 receiving yards Brock Purdy: UNDER 30.5 pass attempts Bradley (28-31-3): Chiefs +2 vs. 49ers OVER 47.5 points Christian McCaffrey: OVER 90.5 rushing yards EMMA AND BRADLEY'S SUPER BOWL SCORE PREDICTIONS!: Emma: Chiefs 24, 49ers 21 Bradley: Chiefs 30, 49ers 27 TIME CODES: 3:13-21:54-NBA TRADE DEADLINE! Did the Knicks win the deadline with the Bojan Bogdanovic deal? 21:55-34:16-BIG labor news in sports: National Labor Relations Board (NLRB) decides that Dartmouth basketball team can hold union election 34:17-56:46-Emma and Bradley's LAST picks of the year for SUPER BOWL SUNDAY!

Air Date 9/26/2023 Rays of hope for the worker's struggle against unfettered, exploitative capitalism are coming from multiple angles as strikes from creatives in Hollywood and autoworkers in Detroit are striking to demand wages, benefits, and protections while executives make arguments for why workers should be made to feel the threat of poverty to keep them in line. Be part of the show! Leave us a message or text at 202-999-3991 or email Jay@BestOfTheLeft.com Transcript BestOfTheLeft.com/Support (Members Get Bonus Clips and Shows + No Ads!) Join our Discord community! Related Episodes: #1463 People Are Waking Back Up To The Need For Labor Unions #1557 Tactics and Counter-Tactics of the Struggle for Labor Rights SHOW NOTES Ch. 1: GM CEO Flails In Response To CNN Question Over Her Pay vs. Workers - The Rational National - Air Date 9-15-23 On day 1 of the UAW strike, CNN questioned CEO of General Motors Mary Barra over why she has seen a 34% increase in her pay while GM workers haven't. I break down how ridiculous her response here is. Ch. 2: Far-Right Anti-Science Conspiracies Are Literally Killing Us - The New Abnormal - Air Date 9-18-23 Dr. Peter Hotez joins The New Abnormal this week to discuss his new book, “The Deadly Rise of Anti-Science”—and why anti-vaccine conspiracies are so dangerous. Plus! An interview with labor reporter and author Kim Kelly about the UAW strike. Ch. 3: Sociopath Businessman Tells The Truth About Capitalism - Novara Media - Air Date 9-14-23 A CEO says the quiet part out loud about the inhuman fundamentals of capitalism Ch. 4: GOP, Corporate Media Attempt to Manufacture Conflict Between Autoworkers and Climate - Citations Needed - Air Date 9-20-23 In this public News Brief, we break down recent attempts by Politico, Axios, New York Times and faux populist Republicans to pit autoworkers against climate mandates. Ch. 5: Labor historian Nelson Lichtenstein on the UAW strike and the U.S. labor movement rising - The BradCast w/ Brad Friedman - Air Date 9-18-23 UC Santa Barbara labor historian Dr. NELSON LICHTENSTEIN explains the specific concerns of autoworker unions, how 2023's summer of unionization compares to prior waves of union organizing in the US and the political implications of unionization Ch. 6: Labor Decision Could Lead To A Union Revolution In America - The Majority Report w/ Sam Seder - Air Date 9-23-23 Harold Meyerson, editor-at-large at The American Prospect, discusses the recent decisions made at the National Labor Relations Board (NLRB). Ch. 7: Workers Fighting Back: The UAW Goes on Strike! - Revolutionary Left Radio - Air Date 9-19-23 Teddy Ostrow and Maximillian Alvarez from The Real News Network join Breht to discuss the recent "stand up" strike launched by the United Auto Workers labor union. Teddy and Max discuss the strike and explain the causes MEMBERS-ONLY BONUS CLIP(S) Ch. 8: How These Strippers UNIONIZED Their Strip Club with Equity Strippers Noho - Factually! with Adam Conover - Air Date 9-13-23 Every worker deserves a union — including strippers! Recently, strippers at the Star Garden in North Hollywood became the first strippers in decades to unionize. On this week's Factually, Charlie and Lilith from Equity Strippers Noho join Adam Ch. 9: Marvel workers just won the first union in visual effects history - More Perfect Union - Air Date 9-13-23 The workers who power the biggest superhero movies on the planet voted unanimously to unionize with VFX-IATSE. This is a major first step for the industry, and Disney is next. FINAL COMMENTS Ch. 10: Final comments on Biden's visit to the picket line and the importance of how moral questions are framed MUSIC (Blue Dot Sessions)   Produced by Jay! Tomlinson Visit us at BestOfTheLeft.com Listen Anywhere! BestOfTheLeft.com/Listen Listen Anywhere! Follow at Twitter.com/BestOfTheLeft Like at Facebook.com/BestOfTheLeft Contact me directly at Jay@BestOfTheLeft.com

It's Hump Day! Sam speaks with Ibrahim Al-Marashi, Associate Professor of History at the California State University San Marcos, to discuss his recent writing on the Wagner Group and Blackwater. Then, he is joined by Harold Meyerson, editor-at-large at The American Prospect, to discuss the recent decisions made at the National Labor Relations Board (NLRB). First, Sam runs through updates on the Department of Labor's overtime change, the delay of the Proud Boys' sentencing, the labor market, Hurricane Idalia, and other natural disaster and climate updates, before parsing through Biden's Medicare and student debt agenda. Ibrahim Al-Marashi then dives right into Blackwater's blueprint for the Wagner Group, and the role of South Africa's Executive Outcomes in setting the stage for them both, exploring how these three groups were the outcome of their nations capitalizing on the demobilization of state military by funding independent mercenary groups that largely work outside of any accountability apparatus, be it international of public. Expanding on this, Al-Marashi walks through the immense role Blackwater played in US involvement in Iraq, helping commit atrocities in the US' name without requiring a greater loss of US soldiers, before expanding on the Wagner Group's relationship to Russia beyond its role in Ukraine, with its operations largely located in Africa, where they've spent time warlording and extracting from local communities, all while Russia denied operations in the region. Wrapping up, Sam and Ibrahim walk through the conflict between state militaries and contracted forces, and explore the role that has, and will continue to play in Russia's floundering invasion of Ukraine. Harold Meyerson then joins, contextualizing the NLRB's recent Cemex ruling as one of the most empowering labor developments in a half-century of dwindling organizing, and why Jennifer Abruzzo's Board has chosen now as their moment to be active. Next, he and Sam parse through the actual details of the Cemex decision, why it's a great first step back towards the Joy-Silk doctrine of the NLRB, and how it aids in both forcing bargaining and punishing union busting. Wrapping up, Meyerson expands on the necessity of labor unions to capitalize on this moment, as they finally have both leverage and public opinion on their side, as well as touching on the role the Supreme Court and Senate have yet to play. And in the Fun Half: Sam watches the Right meltdown over Oliver Anthony not being a Republican, Nick from St. Louis calls in with a Prigozhin conspiracy, Okajic in NY relays Vivek's newest freestyle, and Tim Pool accidentally reveals a pattern about his programming. Graham from Maine expands on the evolution of Blackwater, and Mitch McConnell stares into the void, plus, your calls and IMs! Check out Ibrahim's writing here: https://www.pacificcouncil.online/commentary/putin-prigozhin-perils-of-privatizing-political-violence-via-proxy https://www.aljazeera.com/author/ibrahim_al_marashi_2014617113651720669 Check out Harold's writing here: https://prospect.org/topics/harold-meyerson/ Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Check out today's sponsors: HelloFresh: Go to https://HelloFresh.com/50majority and use code 50majority for 50% off plus free shipping! Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattBinder @MattLech @BF1nn @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Subscribe to Brandon's show The Discourse on Patreon! https://www.patreon.com/ExpandTheDiscourse Subscribe to Discourse Blog, a newsletter and website for progressive essays and related fun partly run by AM Quickie writer Jack Crosbie. https://discourseblog.com/ Check out Matt Binder's YouTube channel: https://www.youtube.com/mattbinder Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/

It's Hump Day! Sam and Emma discuss some of the biggest stories of the week, including (of course) Trump's arraignment in Miami yesterday. Then, they're joined by Dr. Titi Afolabi, resident physician in internal medicine at Mass General Brigham (MGB), to discuss the MGB resident physicians recently winning their National Labor Relations Board (NLRB) election. First, Sam and Emma run through today's biggest headlines, including updates on Fed policy, the GOP's devious dealings on the debt ceiling, the NLRB's expansion of the definition of “employee,” and a deal between UPS and their teamsters. Next, Sam and Emma parse through coverage of Donald Trump's arraignment on the right, including Fox News' dubbing of Biden as a “Wannabe Dictator,” and the classic “everyone who's against Trump is a pedophile/commie/CRT-fan” arguments from myriad right-wingers, before looking ahead to the Democratic primaries in 2024 and what role RFK will play amidst his shift towards free-market politics. Dr. Titi Afolabi then dives right into the impact of the COVID-19 pandemic on exacerbating the already extreme nature of Mass Gen's residents' copious work and low pay, further undercutting the care they could provide their patients. After walking through the particular economic context of this unionization drive, Dr. Afolabi, Sam, and Emma tackle the various cohorts involved at MGB and why the residents are the first to organize, before wrapping up the conversation by analyzing future organizing strategy after the recent NLRB decision, and where they fit into greater Residency organizing. And in the Fun Half: Sam and Emma tackle Cornel West leaving the People's Party for the Green Party, and the response from PP, also touching on Dave Rubin's meeting with Balázs Orbán (no familial relation, yes political relation), and watching Nicholas Carlson, Global EIC of Insider, engage in grassroots union busting. Chris from Albany discusses the importance of Emma's recent trans-people-in-sports take, Guy from Charlotte dives into the absurdity of certain “civil war” attitudes, and Ryan from Central Florida parses through the state of his state's politics. John from VA shares a personal story, Charlie Kirk takes on woke condiments, and Sam discusses the evolution of RFK Jr. and his role in the upcoming presidential election, plus, your calls and IMs! Learn more about MGB's union victory here: https://www.cirseiu.org/mass-general-brigham-resident-physicians-win-their-nlrb-election-joins-cirseiu/ Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Check out today's sponsors:  Henson Shaving: Go to https://hensonshaving.com/majority and use code MAJORITY for a free 100-pack of blades! Fast Growing Trees: Join over ONE POINT FIVE MILLION happy Fast Growing Trees customers! Go to https://FastGrowingTrees.com/MAJORITY NOW to get 15% OFF your entire order. Get 15% OFF at https://FastGrowingTrees.com/MAJORITY. Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattBinder @MattLech @BF1nn @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Subscribe to Discourse Blog, a newsletter and website for progressive essays and related fun partly run by AM Quickie writer Jack Crosbie. https://discourseblog.com/ Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/