News & Analysis as of

Unfair Labor Practices The National Labor Relations Act Employment Policies

Sheppard Mullin Richter & Hampton LLP

NLRB Will No Longer Approve Employer Proposed Consent Orders

As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and...more

Frantz Ward LLP

Not-So-Friendly Reminders from the NLRB to Review Your Severance Agreements and Employee Handbooks

Frantz Ward LLP on

Recent decisions and settlements from the National Labor Relations Board should serve as a not-so-friendly reminder to ensure that your severance agreements and employee handbooks do not run afoul of the National Labor...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Fisher Phillips

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

Fisher Phillips on

Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more

Seyfarth Shaw LLP

NLRB General Counsel’s Expansion Of Remedies Could Pose New Liabilities And Headaches For Employers Who Simply Enforce Their...

Seyfarth Shaw LLP on

On April 8, 2024, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 24-04, which builds on previous GC memoranda from 2021 and 2022 where General Counsel Abruzzo announced her...more

Proskauer - Labor Relations Update

Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”

Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce...more

Miller Nash LLP

Two More Anti-Employer Actions that Employers are Going to Hate

Miller Nash LLP on

The National Labor Relations Board (NLRB) under the Biden administration has developed a decidedly anti-employer, pro-union philosophy that spells significant trouble for all employers—union or non-union. Two recent actions...more

Burr & Forman

The Burr Broadcast: NLRB's Stericycle Decision and Its Implications for Employer Handbooks

Burr & Forman on

In this month's Burr Broadcast, Birmingham Associate Joe Barnello breaks down everything you need to know about the National Labor Relations Board's (NLRB) Stericycle Inc. decision and its implications for employer handbooks....more

Husch Blackwell LLP

Labor Law Insider - Forget the Election: Union Representation Without the Messy Election is the Next Labor Law Reality, Part I

Husch Blackwell LLP on

In Part I of this discussion, Husch Blackwell partners Tom O’Day and Tyler Paetkau join Labor Law Insider host Tom Godar to analyze the NLRB’s Cemex decision, which announced a radical new framework for determining when...more

Perkins Coie

National Labor Relations Board Addresses Joint Employer Standard

Perkins Coie on

The National Labor Relations Board (NLRB) released a final rule on October 26, 2023, which addresses the standard under which two entities may be considered joint employers under the National Labor Relations Act (NLRA). The...more

Fisher Phillips

Snapshot on Manufacturing Industry: Your Handbook Might Need Immediate Changes

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is...more

Nutter McClennen & Fish LLP

Reversing an Earlier Decision, the NLRB Insinuates Itself Further Into the Non-Union Workplace

In Stericyle, Inc., issued on August 2, 2023, the National Labor Relations Board (NLRB) discarded an earlier decision and established a new test for determining whether an employer’s work rule constitutes an unfair labor...more

Fisher Phillips

Labor Board Signals Continued Expansion of Employee Rights: Your Questions Answered

Fisher Phillips on

A recent Advice Memo issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) provides all employers – union and non-union alike – with yet another warning that more of your employment...more

Smith Gambrell Russell

NLRB Revises Standard for Evaluating Employer Policies

Smith Gambrell Russell on

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued its decision in the much-watched Stericycle Inc. and Teamsters 628 case, returning to a case-by-case standard for evaluating challenges to...more

Miller Canfield

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

Miller Canfield on

The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Adopts Standard Critical of Employer Workplace Rules, Handbooks

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act...more

Benesch

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

Benesch on

In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

Troutman Pepper

NLRB Returns to Former Precedent on Protected Union Activity

Troutman Pepper on

Q. May employees use abusive language when raising grievances about working conditions?...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Focuses on When Video Cameras Can Create an ‘Unlawful Impression of Surveillance’

In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board (NLRB) concluded that an employer...more

Nelson Mullins Riley & Scarborough LLP

NLRB General Counsel Issues Guidance on Severance Agreement Restrictions following McLaren Macomb

On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05 (the “Memorandum”) offering guidance to Regional Directors for interpreting the National Labor Relations Board’s (the “NLRB” and the “Board”)...more

DarrowEverett LLP

2023 Employment Law Updates: Q1 Developments from Pregnancy to Polyamory

DarrowEverett LLP on

As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay...more

Hinshaw & Culbertson - Employment Law...

NLRB Decision that Broadly-Worded Confidentiality Provisions in Separation Agreements are Unlawful Raises Important Questions

The National Labor Relations Board (NLRB) recently issued a controversial decision concerning the use of non-disparagement and confidentiality provisions by employers in separation agreements. In McLaren Macomb and Local 40,...more

Hogan Lovells

NLRB purports to limit severance agreements: What this means for employers

Hogan Lovells on

On February 21, 2023, the National Labor Relations Board (Board) issued a decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), holding that non-disparagement and confidentiality provisions included in a...more

Payne & Fears

NLRB Ends 2022 in Blistering Fashion

Payne & Fears on

The National Labor Relations Board (NLRB) closed out a busy 2022 with four labor-friendly decisions that will reshape the employment landscape in 2023. NLRB Adds Consequential Damages Remedy - In its most...more

Bradley Arant Boult Cummings LLP

Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling | Insights & Events

A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia Circuit. ...more

76 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide