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Hiring & Firing › National Labor Relations Board › Employees

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Seyfarth Shaw LLP

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

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An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

Ballard Spahr LLP

Supreme Court Heightens Relief Standard For NLRB To Obtain 10(j) Injunctions

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A unanimous decision from the United States Supreme Court, issued on June 13, 2024, settles the split among the circuit courts concerning the factors to be considered by a court in considering a request by the National Labor...more

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

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The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

Frantz Ward LLP

The NLRB at It Again: The Importance of Ensuring You Have Updated Employment Policies

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Recently, the National Labor Relations Board (“NLRB”) announced a settlement it “secured” which required a company to rescind certain work rules and pay two discharged employees $297,000. Of note, the workers were not...more

Butler Snow LLP

Federal Court Vacates NLRB’s Rule Regarding Joint Employers

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The National Labor Relations Board (“NLRB”) issued its 2023 rule to determine joint employer status entitled “Standard for Determining Employer Status” on October 26, 2023 (the “2023 rule”). This topic was previously covered...more

Seyfarth Shaw LLP

Texas District Court Invalidates the NLRB’s Joint Employer Rule

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Last Friday, March 8, 2024, the United States District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (“NLRB”) 2023 Joint Employer rule (“2023 Rule”) finding that it was both...more

DirectEmployers Association

OFCCP Week In Review: March 2024 #3

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Monday, March 11, 2024: Biden “Hits the Brakes” on Non-Defense Discretionary Budgets for Federal Agencies Joining Congress’ Historic Pivot Away from Both Bigger Federal Agencies and Bigger Social Programs - With the...more

DirectEmployers Association

Big Budget Opponents Again Stop a Final Federal FY 2024 Budget While Congress Keeps to Agreement to Limit Agency Spending to FY...

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US DOL Budget Will Remain at its Present Level Through March 22, 2024 - It has now become clear that neither Republicans nor Democrats have the stomach to shut the federal government agencies down, but neither does either...more

Troutman Pepper

NLRB Rules That Dartmouth Basketball Players Are Employees

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On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more

Ballard Spahr LLP

NLRB Regional Director Rules Dartmouth’s Basketball Players are School Employees

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On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s...more

Bradley Arant Boult Cummings LLP

Four New Year’s Resolutions for Employers

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New Year’s resolutions are common. Many people attempt a “dry” January. Others a dry February, because there are less days in the month. As we close out the first month of 2024 here are four proposed New Year’s resolutions...more

Spilman Thomas & Battle, PLLC

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023

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On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements, including non-disclosure, confidentiality, and non-compete agreements. Employers need to...more

Seyfarth Shaw LLP

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

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Seyfarth Synopsis: Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the...more

Quarles & Brady LLP

Navigating the New Terrain - NLRB's New Joint Employment Standard

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On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...more

Lowndes

New NLRB Rule Spells McTrouble for Some Employers

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The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more

Foley Hoag LLP

NLRB Protects Solo Worker Protests as “Concerted Activity” Under Federal Labor Law

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On August 31, 2023, the NLRB released its decision in Miller Plastic Products, Inc. and Ronald Vincer, 372 NLRB No. 134 (“Miller”), in which the Board re-established a fact-sensitive totality of the evidence test to determine...more

Proskauer - Labor Relations Update

Not A Clean Break:  Cautionary Tale for Employers Looking To Close Plants

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In a very active end of summer for labor law, the National Labor Relations Board (“Board”) ruled in a 2-1 decision, in Quickway Transportation, Inc., 372 NLRB No. 127, that a company’s closure of a terminal where its drivers...more

Sands Anderson PC

NLRB’s McLaren Macomb Decision and the Future of Employee Severance Agreements

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Severance agreements have long been utilized as a valuable tool for providing employers with protections from the post-employment conduct or claims of former employees. Severance agreements often include a wide range of...more

Epstein Becker & Green

An “Overbroad” Noncompete – the NLRB Has Found Its First Target

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The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more

Epstein Becker & Green

NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete

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The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more

FordHarrison

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

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Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his...more

Stoel Rives - World of Employment

NLRB Returns to Longstanding Position Limiting Use of Confidentiality, Non-Disclosure, and Non-Disparagement Clauses in Employee...

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The General Counsel of the National Labor Relations Board (NLRB), Jennifer A. Abruzzo, issued guidance on March 22, 2023, about the NLRB’s McLaren Macomb, 372 NLRB No. 58, decision from February 21, 2023, which reinstated a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

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In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Woods Rogers

NLRB Targets Severance Agreements

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In a decision that affects union and non-union employers, the National Labor Relations Board (NLRB) recently found that certain provisions often used in severance and release agreements violate the rights of employees under...more

Spilman Thomas & Battle, PLLC

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements

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In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work memories are separated from work memories. Outside of work, these Lumon Industries employees cannot discuss...more

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