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Practical Guidance on Labor and Employment Issues in a Post-Chevron World

With the US Supreme Court’s June 28 decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the four-decades Chevron doctrine is no longer. While the Court’s decision has altered...more

New NLRB Rules Favor Mandatory Union Recognition & Limit Employee Voting in Secret-Ballot Elections

The National Labor Relations Board drastically changed the process for unions seeking recognition of most private sector employees in the United States. Abandoning 50 years of established law, in Cemex Construction Materials...more

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

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

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

The NLRB’s Next Era: Practical Takeaways from Key 2022 Year-End Decisions

Leading up to National Labor Relations Board (NLRB) member John F. Ring’s departure on December 16, 2022, labor advocates held their collective breath, awaiting what is often a flurry of decisions as Board members push their...more

Electronic Monitoring and Algorithmic Management: Permissible Labor Practice or Unlawful Oversight?

In General Counsel Memorandum 23-02, National Labor Relations Board General Counsel Jennifer Abruzzo announced a new and unprecedented prosecutorial initiative aimed at employers that utilize technology to monitor and manage...more

NLRB Seeks to Broadly Expand Joint Employer Standard

In a notice of proposed rulemaking (NPRM) published on September 7, 2022, the National Labor Relations Board (NLRB) proposes an initial regulation that would fundamentally change the definition of “joint employer,” replacing...more

Did Federal Labor Law Just Abolish Your Organization’s Dress Code or Uniform Policy?

The US National Labor Relations Board recently issued its first precedent-shifting decision under the Biden-Harris administration concerning employer dress codes and uniform policies. The Board, in a 3-2 split decision, held...more

NLRB General Counsel Takes Aim at Employer Meetings on NLRA Activity, Including Union Election Campaigns

National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum 22-04 on April 7, taking the position that mandatory meetings held by employers addressing Section 7 activity are unlawful—including meetings...more

The Doctor Is In…A Union? NLRB Orders Union Election for Physicians

A regional director of the US National Labor Relations Board recently ordered an election for physicians to vote on whether they want to unionize. The votes showed that a determinative majority of ballots had been cast...more

New NLRB General Counsel Announces Enforcement Priorities as Employers Prepare for Return of Obama-Era Precedent

Newly confirmed National Labor Relations Board General Counsel Jennifer Abruzzo announced her enforcement priorities in a lengthy memorandum released on August 12, 2021. The memorandum requires employers to rethink their...more

NLRB Limits Protection Given to Abusive, Profane, or Offensive Workplace Conduct

The National Labor Relations Board has finally abandoned its problematic standard around the discipline and discharge of employees who engage in abusive conduct in connection with protected concerted activity. On July 21, the...more

NLRB Returns to Independent Contractor Fundamentals in SuperShuttle

In a ruling with significance for businesses using independent contractors, the National Labor Relations Board has reaffirmed that entrepreneurial opportunity is a significant factor in weighing independent contractor status....more

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