For decades, the National Labor Relations Board (“NLRB”) has found that secret ballot elections are the best method for determining whether workers want to be represented by a union. A recent memo from the NLRB General...more
In a memorandum released on May 30, 2023, the National Labor Relations Board (“NRLB”) General Counsel opined that noncompete agreements may violate the federal National Labor Relations Act (“NLRA”). In doing so, the General...more
7/28/2023
/ Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Policy Memorandums ,
Restrictive Covenants ,
Section 7 ,
Trademarks
A National Labor Relations Board (the Board) decision issued this week served notice on employers that they need to carefully consider the use of confidentiality and non-disparagement provisions in any employment-related...more
2/24/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employment Contract ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Release Agreements ,
Restrictive Covenants ,
Section 7 ,
Separation Agreement ,
Termination
The U.S. Supreme Court has ruled that an employer may include a class action waiver in arbitration agreements with its employees. Thus, an employer may validly require that an employee arbitrate disputes on an individual...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
The National Labor Relations Board took steps in a decision, announced December 14, to bring predictability and reasonableness to the vexing question of whether certain employer policies, rules and handbook provisions violate...more
On December 11, 2014, the National Labor Relations Board reversed course on the question of whether employees may use a company’s email system for union organizing and similar communications. Just seven years ago, the Labor...more