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NLRB Decision Finds Overly Broad Non-competition and Non-solicitation Clauses Violate NLRA

On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly...more

OSHA Revises Regulation to Permit Nonemployee Authorized Representatives on Site Inspections

On March 29, 2024, the Occupational Safety and Health Administration (“OSHA”) issued a final rule amending 29 C.F.R. § 1903.8(c), the regulation that governs whom employees may authorize to accompany an OSHA Compliance Safety...more

Another NLRB ALJ Holds That Displaying “Black Lives Matter” Messaging at Work Is Not Protected by the NLRA

In Whole Foods Market, Inc., Case 01-CA-26183, JD(SF)-39-23 (Dec. 20, 2023), National Labor Relations Board (NLRB) Administrative Law Judge Ariel Sotolongo held that Whole Foods did not violate federal law by enforcing its...more

Employee Handbooks Should Be Reviewed Under New NLRB Ruling

Since 2017, employers have been able to rely on The Boeing Company, 365 NLRB No. 154 (2017) (“Boeing”), for relatively clear guidance on the lawfulness of their work rules (including employee handbook policies and manuals)....more

NLRB’s General Counsel Has Released Guidance on Confidentiality and Non-Disparagement Provisions

New Guidance for Employers on Severance/Separation Agreements - The National Labor Relations Board’s recent McLaren Macomb decision, discussed here, regarding the lawfulness of confidentiality and non-disparagement provisions...more

Companies Must Now Be More Careful When Crafting Confidentiality and Non-Disparagement Provisions in Separation Agreements

The continued efforts of the National Labor Relations Board (NLRB) to roll back pro-employer rulings issued during the Trump Administration took a big jump forward recently when the Board effectively barred the use of certain...more

NLRB Moves Closer to Seismic Shift in College Sports — From “Student-Athlete” to Employee-Athlete

On December 15, 2022, the National Labor Relations Board’s Los Angeles regional office determined that an unfair labor practice charge (ULP) alleging that student-athletes should be classified as employees has “merit.” The...more

NLRB Gives Workers and Unions an Early Holiday Gift with Four Significant Pro-Employee Decisions

Last week was a busy one for the National Labor Relations Board (NLRB). The agency came out with four significant decisions that either expanded or protected employee rights on issues such as monetary remedies, the right to...more

The Illinois Workers’ Rights Amendment and its Impact on Illinois Employers

Background - Weeks of phone and text banks, TV and radio advertisements, thousands of door-to-door campaigners, as well as strong pro-labor lobbying resulted in the recent passage of the Illinois Workers’ Rights Amendment....more

New Virginia Public Sector Bargaining Law About To Take Effect

Local government employees in the Commonwealth of Virginia will soon become eligible to enjoy collective bargaining rights for the first time, come May 1, 2021. On that date, a law passed in 2020 will take effect. The law...more

The NLRB Opens the Door for Student Unionization (Again)

The roller coaster ride for private colleges and universities seeking a final determination on whether student workers—including graduate assistants—have the right to unionize may not be over yet....more

3/17/2021  /  Colleges , NLRA , NLRB , Students , Unions , Universities

Four Labor and Employment Issues Impacting Higher Education

Saul Ewing Arnstein & Lehr’s Higher Education Practice continues to monitor the impact of the COVID-19 pandemic on the higher education industry. The below summarizes some recent issues being contended with unionized...more

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