06.23.2025Fourth Circuit Issues Guidance On Employer Speech During Organizing CampaignsA recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s claim that it would have a say on pay increases was untrue and blaming the union for the lack of pay raises. The court’s analysis provides important guidance for employers on permissible speech during a union organizing campaign. In brief, the court strongly reaffirmed the free speech rights of employers to oppose unionization so long as the speech is not objectively coercive of Section 7 rights. Garten Trucking v. NLRB (June 2, 2025).
06.04.2025Scott Carbone Joins Genova Burns As CounselGenova Burns LLC is pleased to announce that Scott W. Carbone, Esq. has joined the firm as Counsel. With more than two decades of experience navigating complex labor and employment matters, Mr. Carbone adds deep bench strength to the firm’s Labor Law and Employment Law & Litigation Practice Groups.
05.06.2025Ed Bonett Quoted in Law360 Employment Authority "New Pope's Name Signals Focus On Work Issues"Firm Partner Edward J. Bonett Jr., Esq. was recently interviewed by Law360 for an article featured in their Employment Authority section entitled, "New Pope's Name Signals Focus On Work Issues". Mr. Bonett offered commentary on the significance of newly elected Pope Leo XIV’s focus on workers’ rights in the age of artificial intelligence.
04.21.2025Joseph Hannon To Participate As Panelist At NJ LERA "Update On NJ Police Licensure Law" ProgramGenova Burns Partner Joseph M. Hannon, Esq. will serve as a panelist at NJ LERA’s final dinner program of the 2024-25 season, taking place on Monday, May 5, 2025.
This timely program will feature an update on New Jersey’s police licensure law, which officially went into effect on January 1, 2024. The law requires all police officers in the state to be licensed by the Police Training Commission (PTC) and grants the PTC authority to suspend, revoke, impose conditions upon, or deny licenses following a hearing.
03.31.2025Genova Burns Partners Matthew Baker and Edward Bonett, Jr. Appointed to Law360’s 2025 Editorial BoardsGenova Burns LLC is pleased to announce that Partners Edward J. Bonett, Jr., Esq. and Matthew I.W. Baker, Esq. have been selected to serve on Law360’s 2025 Editorial Advisory Boards. This prestigious appointment recognizes their expertise and commitment to shaping legal discourse in their respective practice areas.
03.11.2025National Labor Relations Board Back to Quorum Strength as Member Wilcox Is ReinstatedIn an emphatic decision, Federal Court Judge Beryl Howell of the District of Columbia District ordered President Trump to reinstate NLRB Member Gwynne A. Wilcox to her Board seat. The President fired Wilcox, asserting unitary power over employees in the executive branch. Rejecting this broad construction of executive authority, Judge Howell concluded that Congress meant for some federal employees to be beyond the President’s reach except in limited circumstances.
02.21.2025Acting NLRB General Counsel Scraps Predecessor's Memos, Signals a New DirectionOn Valentine’s Day, the Acting NLRB General Counsel, William B. Cowen, delivered a greeting card of sorts to his staff and the public signaling a new direction for the agency. Commenting that “the backlog of cases at the agency is no longer sustainable,” Cowen rescinded 31 memos by his predecessor Jennifer Abruzzo, some totally and others pending further guidance. Implicitly criticizing Abruzzo’s expansive view of federal labor Law, Cowen stated, “[I]f we attempt to accomplish everything, we risk accomplishing nothing.”
01.27.2025Federal Contractors Get Relief from PLA and DEI Requirements This past week, employers received two reprieves from mandatory conditions before winning federal contracts. On January 21, 2025, Federal Claims Court Judge Ryan T. Holte ruled that President Biden’s 2022 Executive Order that federal agencies choose only bidders that agree to enter into project labor agreements (PLAs) with unions for any federal construction contract over $35 million is unlawful. Judge Holt sided with the plaintiff Contractors in ruling that the Executive Order improperly drives up prices and contravenes other laws requiring full and open competition in contract procurement. In sum, he tossed the Order as being arbitrary and capricious.
01.09.2025Genova Burns Promotes Two To Partner And Two To CounselIn another example of promoting talent from within, Genova Burns has elevated Ed Bonett, Jr. and Jared Monaco to partner, and Brian MacNiven and Emily Montagna to counsel.
01.07.2025From Backcourt To The Gridiron, Universities Oppose The NLRB’s Enforcement Position Regarding Their Athletes On New Year’s Eve, the union attempting to organize Dartmouth College’s men’s basketball team dropped its NLRB case after winning a groundbreaking decision in February 2024 from a NLRB Regional Director who decided that the players were employees of the College, eligible to unionize, and ordered a secret-ballot election which the union won. However, Dartmouth appealed the Regional Director’s decision, including the decision to hold an election, to the Biden-appointed Board members of the NLRB, and the appeal was pending when the union dropped its case.
12.18.2024UPDATE - New Jersey Employers Need To Start Preparing For The New Pay Transparency Law's June 1, 2025 Effective DateOn November 18, 2024, New Jersey Governor Phil Murphy signed into law, Senate Bill 2310, making it the eleventh state to enact a pay transparency law. On June 1, 2025, when the new law goes into effect, certain New Jersey employers will be required to disclose their hourly wage or annual salary pay ranges and general benefit information for each job posting/advertisement. The new law will also require employers to make “reasonable efforts” to advise current employees of promotional opportunities within their organization.
12.12.2024NLRB ALJs’ Job Protections in Jeopardy After District Court RulingOn December 10, 2024, U.S. District Court Judge Trevor McFadden, sitting in the District of Columbia, ruled that the job protections afforded NLRB Administrative Law Judges (ALJs) are unconstitutional because they impede the President’s power to remove executive branch subordinates under Article II of the Constitution. This is the first decision to squarely address the protected status of NLRB ALJs after numerous claims nationally that the NLRB’s structure, including the status of Board members and ALJs, is unconstitutional. However, this decision, issued at the summary judgment stage, falls short of enjoining the NLRB from prosecuting unfair labor practice charges or pursuing remedies where the ALJ has found merit to unfair labor practice allegations. Nevertheless, this decision may be the first step toward narrowing the power of the NLRB’s judges to create law that conflicts with the will of the people and the labor relations agenda of the sitting President. VHS Acquisition Subsidiary No. 7 v. NLRB.
11.20.2024Not So Fast - Texas Court Derails DOL Rule Expanding Eligibility for Overtime PayOn November 15, a U.S. District Court in Texas put the brakes on the Department of Labor’s April 2024 Rule designed to make more employees eligible for overtime pay under the Fair Labor Standards Act. State of Texas v. United States Department of Labor; Plano Chamber of Commerce v. United States Department of Labor.
10.30.20242024 Election: How Labor Law Could Shift Under Trump or Harris LeadershipThe Presidential Election is upon us with many indicators predicting a close election. The two candidates and their respective party platforms offer opposing views on many major issues. While some issues play more prominently in the press than others, issues related to Labor Law feature two vastly divergent approaches. Since President Trump already has a track record on federal labor policy and Vice President Harris signals support for President Biden’s labor policy, here are three areas in Labor Law that will be sensitive to who takes the oath of office on January 20, 2025.
10.11.202410th Birthday Wishes to the Affordable Care Act’s Employer MandateThe Patient Protection and Affordable Care Act (“ACA”) was signed into law by President Obama on March 23, 2010. ACA affected health insurance coverage, costs and preventive care. It also established the Health Insurance Marketplace allowing individuals with certain income thresholds to obtain affordable health care regardless of employment status. The Biden Administration reported that 21.3 million people selected ACA Health Insurance Marketplace coverage in the 2024 open enrollment period.
10.09.2024Three Strikes: Lessons Learned From The ILA, Autoworkers, & Actors StrikesNow that the ILA short-lived but eventful strike is over, it is important to understand what this strike and the two noteworthy strikes of last year by the Autoworkers and the Actors-Writers have in common and what we might learn from them. Technology. Or, to put it a bit more expansively, the march of advancing technology pitted against the anxieties over job loss. The Autoworkers’ union picketed in part because of job vulnerability due to the increasing market share of electric cars, which require a different process to manufacture. Actors and Writers protested the way artificial intelligence is affecting and will affect their work. The ILA struck in part due to the threat automation presents to their jobs on the docks. The strikes were all viewed as successful by the unions because of significant wage increases. But were they successful at stemming the tide of technology or have they just plugged the dam? Put another way, what can employers do to embrace technology while also embracing its employees and maintaining labor peace?
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