John Ring on NLRA

NLRB Extends Protection to Political and Social Justice Displays in the Workplace

The National Labor Relations Board (NLRB or the Board) recently expanded the types of messaging employees are permitted to display in the workplace when it ruled an employee’s Black Lives Matter uniform marking was protected...more

3/1/2024 / Employer Liability Issues , Employment Policies , NLRA , NLRB , Protected Concerted Activity

OSHA’s ‘Union Walkaround Rule’ Heads Toward Finalization Following Comment Period

A recent proposed rulemaking from the US Occupational Safety and Health Administration (OSHA) seeks to make it easier for unions and other third parties to gain access to private worksites, creating steep consequences for...more

11/20/2023 / Comment Period , Employer Liability Issues , NLRA , OSHA , Proposed Rules , Workplace Safety

NLRB and OSHA Announce Partnership Over Worker Safety Protections

The National Labor Relations Board (NLRB) and Occupational Safety and Health Administration (OSHA) executed a Memorandum of Understanding (MOU) on October 31 regarding a partnership designed to strengthen their efforts to...more

11/9/2023 / Employer Liability Issues , NLRA , NLRB , OSHA , Workplace Safety

NLRB Adopts New Standard for Assessing Facial Lawfulness of Employer Work Rules

The National Labor Relations Board (NLRB or the Board), in a 3-1 decision on August 1, 2023, once again overruled existing precedent and declared that all employer work rules that reasonably could be read to restrict Section...more

8/9/2023 / Employee Handbooks , Employee Rights , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Section 7

US Supreme Court Says Egregious Strike Misconduct Subject to Employer State Court Damages Action

In a recent 8-1 decision, the US Supreme Court held that the National Labor Relations Act (NLRA or the Act) does not preempt state claims against unions for intentional property damage during a strike. The decision reaffirms...more

6/12/2023 / Glacier Northwest v International Brotherhood of Teamsters , NLRA , NLRB , Preemption , Private Property , Property Damage , SCOTUS , State Law Claims , Strike , Teamsters , Unions

NLRB General Counsel: Noncompete Agreements Violate Federal Labor Law

The US National Labor Relations Board’s (NLRB’s) general counsel issued guidance on May 30 announcing that noncompete provisions contained in many employment agreements violate the National Labor Relations Act unless narrowly...more

6/7/2023 / Employer Liability Issues , Federal Labor Laws , Labor Law Violations , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants

NLRB Returns to Liberalized Section 7 Protection for Workplace Misconduct Incidents

The National Labor Relations Board’s recent decision in Lion Elastomers reinstated setting-specific standards to assess how employers respond to employee misconduct, including potentially profane, discriminatory, and...more

5/5/2023 / Employee Misconduct , Employer Liability Issues , Employment Policies , NLRA , NLRB , Policies and Procedures , Section 7 , Title VII

New NLRB Guidance Sheds Light on McLaren Decision and Severance Agreements

National Labor Relations Board (NLRB or the Board) General Counsel (GC) Jennifer Abruzzo issued guidance on the Board’s recent decision regarding severance agreements. In McLaren Macomb, 372 NLRB No. 58, the Board found that...more

3/27/2023 / Confidentiality Agreements , Employer Liability Issues , Employment Policies , Hiring & Firing , NLRA , NLRB , NLRB General Counsel , Section 7 , Severance Agreements

Employer Alert: Commonplace Severance Agreement Clauses Violate Labor Law, NLRB Rules

The National Labor Relations Board (NLRB or the Board) issued a decision on February 21 in McLaren Macomb (372 NLRB No. 58) overruling precedent to hold that employers may not offer employees severance agreements containing...more

2/24/2023 / Employer Liability Issues , Hiring & Firing , NLRA , NLRB , Section 7 , Severance Agreements

NLRB Vastly Expands Its Joint-Employer Standard

The Browning-Ferris decision overturns 30 years of precedent and opens up a wide variety of business relationships to allegations of joint-employer status, including staffing agencies, on-site contractors, outside suppliers,...more

8/28/2015 / Browning-Ferris Industries of California Inc. , Collective Bargaining , Franchisee , Franchisors , Hiring & Firing , Joint Employers , NLRA , NLRB , Right to Picket , Secondary Boycott , Staffing Agencies , Unions , Wage and Hour

U.S. Supreme Court Issues Historic Noel Canning Decision

The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and...more

6/27/2014 / Canning v NLRB , NLRA , NLRB , Recess Appointments , SCOTUS

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