In recent years, non-compete agreements have been a subject of scrutiny in the United States, with concerns raised over their potential impact on employee mobility and labor market competitiveness. In 2021, President Joe...more
6/26/2023
/ Biden Administration ,
Employees ,
Employer Covenants ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Section 7 ,
State Bans
Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements -
In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more
4/6/2023
/ Confidentiality Agreements ,
Confidentiality Policies ,
Construction Industry ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Former Employee ,
Harassment ,
Health and Safety ,
Hiring & Firing ,
Labor Law Violations ,
NLRA ,
NLRB ,
Offer Letters ,
OSHA ,
Regulatory Requirements ,
Remote Working ,
Safety Violations ,
Section 7 ,
Severance Agreements ,
Strategic Enforcement Plan ,
Unions ,
Workplace Hazards ,
Workplace Safety
The NLRB Proposes to Re-Re-Revise Its Joint Employer Standard -
On September 6, 2022, the National Labor Relations Board issued a notice of proposed rulemaking regarding the standard for determining joint employer status...more
9/9/2022
/ Anti-Harassment Policies ,
Employee Benefits ,
Employee Handbooks ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Franchises ,
Gender Dysphoria ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Remote Working ,
Reproductive Healthcare Issues ,
Unions
On September 6, 2022, the National Labor Relations Board (the “Board”) issued a notice of proposed rulemaking ("NPRM") regarding the standard for determining joint employer status under the National Labor Relations Act...more
Recently, leading officials in the Biden administration have taken steps to prevent employers from sharing their lawful views on collective bargaining in order to aid union efforts to organize more employees. These actions...more
Consistent with a continued expansion of statutory rights under the National Labor Relations Act ("NLRA"), the General Counsel of the National Labor Relations Board ("NLRB") confirmed her view that certain athletes at...more
Welcome to our final issue of the 2021 edition of SuperVision. Our attorneys have examined trending topics, discussed recent legal developments, and answered frequently asked questions. These are some of the issues we believe...more
11/3/2021
/ College Athletes ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
NLRA ,
NLRB ,
OSHA ,
Vaccinations ,
Workers' Compensation Claim ,
Workplace Safety
[co-author: Kelsie Wiltse]
Welcome to our third issue of the 2021 edition of SuperVision. It is no surprise that the ongoing COVID-19 pandemic is still causing issues -- and that certainly includes issues for employers....more
8/6/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
NLRB ,
Unions ,
Vaccinations ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Safety
As vaccines are rolled out nationwide and are available to any adult who wants one, we appear on the cusp of a return to some level of normalcy. With that return to normalcy will come an increased focus on...more
5/10/2021
/ Biden Administration ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Labor Relations ,
NLRB ,
OSHA ,
Sexual Orientation Discrimination ,
Title VII ,
Wage and Hour ,
Workplace Safety
Welcome
With the second issue of the 2021 edition of SuperVision, we are focusing on "what's next." More than 100 days into Biden's Presidency and with more than 100 million Americans fully vaccinated from COVID-19, we...more
5/6/2021
/ Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Infectious Diseases ,
NLRB ,
OSHA ,
Section 7 ,
Vaccinations ,
Website Accessibility ,
Workplace Safety
The Protecting the Right to Organize "PRO" Act was introduced on February 4, 2021 and passed the U.S. House of Representatives last night. If enacted, it would change labor law in the United States significantly by altering...more
The NLRB reversed the controversial holding in Purple Communications, which allowed employees to use their employer's e-mail system during non-working hours to engage in Section 7 protected discussions regarding wages, hours...more
12/19/2019
/ Corporate Counsel ,
Email ,
Email Policies ,
Employee Rights ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Purple Communications ,
Reversal ,
Section 7 ,
Unions
Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group.
Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more
12/18/2019
/ Appeals ,
Confidentiality Policies ,
Email Policies ,
Employee Privacy Rights ,
Governor Wolf ,
Internal Investigations ,
Minimum Wage ,
NLRA ,
NLRB ,
Over-Time ,
Profanity ,
Public Comment ,
Public Policy ,
Racist Remarks ,
Rules of Civil Procedure ,
Self-Defense ,
Sexual Harassment ,
Summary Judgment ,
Title VII ,
Workplace Communication ,
Workplace Investigations
On November 8, 2017, the U.S. Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board ("NLRB" or "Board"). In private practice, Robb was a noted critic of the NLRB under the Obama...more
THE CHANGE: Earlier this morning, the NLRB revived its proposed amendments to the representation election procedures that would dramatically cut down the time between a union representation petition and the actual union vote...more