NLRB lowers bar for proving anti-union threats

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By Caitlin Tremblay

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The NLRB said Starbucks broke the law by telling workers at its flagship Seattle cafe that they would lose benefits if they joined a union. The board in a 3-1 ruling used the case, one of scores involving a nationwide union campaign at Starbucks, to make it easier to prove that employers' predictions about the impact of unionizing amount to threats that violate the National Labor Relations Act.

The NLRB overruled a 1985 decision that said most employer statements about the effects of unionization on the relationship between workers and management are lawful. Daniel Wiessner has more on what this means going forward.

A second Trump term …

Trump won a second term and his impending return to the White House will essentially bring his criminal cases to a halt. Today a federal judge paused Trump's 2020 election subversion case … Other things to anticipate in a second Trump term include a continued reshaping of the federal judiciary (possibly including the U.S. Supreme Court) and a new course on antitrust enforcement … A new Trump term is also expected to bring changes to U.S. law firms as clients navigate shifting regulations and policies.

U.S. Supreme Court …

The Supreme Court heard two notable cases this week. The justices considered a higher bar for exempting workers from federal wage law and mulled Facebook's bid to escape a securities fraud lawsuit … The court will hear a separate, but similar, securities fraud case involving Nvidia next week. Both the Facebook and Nvidia cases could make it harder for private litigants to hold companies to account … The court this week also agreed to hear a fight over a Louisiana voting map with more Black-majority districts.

Legal industry …

U.S. federal courts warned of an email scam targeting lawyers … Utah is considering ditching the bar exam … Lawyers have increased talc ad spending after J&J's $9 billion settlement offer … A legal fee fight is brewing between the state of California and Sullivan & Cromwell … And a panel voted to maintain a ban on cameras in federal criminal trials.

An internet advertising firm can proceed with a vote next week on a board-approved plan to move the company's state of incorporation from Delaware to Nevada, after Delaware Vice Chancellor Paul Fioravanti on Wednesday rejected shareholder arguments that the company must win approval from a supermajority of investors. That's good news for Tesla in its fight to move to Texas. Alison Frankel explains why.

Check out other recent pieces from our columnists: Alison Frankel and Jenna Greene

Trump's Republicans hold a narrow edge in the fight for a U.S. House majority … What a Trump presidency means for your money … Multiple climate disasters trigger first ever Red Cross disaster insurance pay-out … Disney is working on a new Star Wars trilogy … Beyonce leads Grammy nominations with "Cowboy Carter" … And our oddest photos of the week.

caitlin.tremblay@thomsonreuters.com

@ctrembz

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