Labor & Employment Law Daily Wrap Up, STRATEGIC PERSPECTIVES—Top labor and employment developments for December 2024, (Jan 6, 2025)

By Jason Albright, J.D.

In case you missed the in-depth coverage of Labor & Employment Law Daily during December, here’s a recap of some key developments in the L&E community.

Highlights include:

Federal courts of appeals: Affirming a lower court’s grant of summ ...

By Jason Albright, J.D.

In case you missed the in-depth coverage of Labor & Employment Law Daily during December, here’s a recap of some key developments in the L&E community.

Highlights include:

Federal courts of appeals: Affirming a lower court’s grant of summary judgment against a Chinese company’s claims of breach of contract, tortious interference, and unjust enrichment leveled against a former employee, the First Circuit determined that the former employee’s role fell within the category that Chinese courts have excluded from the purview of noncompete agreements. Also, the Third Circuit held the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) does not imply a private remedy for job applicants who fail drug tests for cannabis.
NLRB: In a 3-1 decision, the NLRB overruled MV Transportation, which had applied the “contract coverage test,” and it restored its prior “clear and unmistakable waiver” standard to address employers’ contractual defenses to unilateral-change and refusal-to-bargain allegations.
Agency action: The Department of Homeland Security announced its completion of a final rule amending regulations affecting temporary agricultural (H-2A) and temporary nonagricultural (H-2B) nonimmigration workers and their employers. Also, a proposed rule from the Department of Labor would phase out the issuance of certificates allowing employers to pay certain workers with disabilities less than the federal minimum wage.

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Labor & Employment Law Daily Wrap Up, STRATEGIC PERSPECTIVES—Top labor and employment developments for December 2024, (Jan 6, 2025)

By Jason Albright, J.D.

In case you missed the in-depth coverage of Labor & Employment Law Daily during December, here’s a recap of some key developments in the L&E community.

Highlights include:

Federal courts of appeals: Affirming a lower court’s grant of summ ...

By Jason Albright, J.D.

In case you missed the in-depth coverage of Labor & Employment Law Daily during December, here’s a recap of some key developments in the L&E community.

Highlights include:

Federal courts of appeals: Affirming a lower court’s grant of summary judgment against a Chinese company’s claims of breach of contract, tortious interference, and unjust enrichment leveled against a former employee, the First Circuit determined that the former employee’s role fell within the category that Chinese courts have excluded from the purview of noncompete agreements. Also, the Third Circuit held the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) does not imply a private remedy for job applicants who fail drug tests for cannabis.
NLRB: In a 3-1 decision, the NLRB overruled MV Transportation, which had applied the “contract coverage test,” and it restored its prior “clear and unmistakable waiver” standard to address employers’ contractual defenses to unilateral-change and refusal-to-bargain allegations.
Agency action: The Department of Homeland Security announced its completion of a final rule amending regulations affecting temporary agricultural (H-2A) and temporary nonagricultural (H-2B) nonimmigration workers and their employers. Also, a proposed rule from the Department of Labor would phase out the issuance of certificates allowing employers to pay certain workers with disabilities less than the federal minimum wage.