Hugh Murray, III on NLRA

NLRB Bans Captive Audience Meeting—But Will It Stick?

The National Labor Relations Board (NLRB) has overturned a 1948 precedent and declared that an employer commits an unfair labor practice in violation of the National Labor Relations Act (NLRA) when it requires employees to...more

11/19/2024 / Amazon , Labor Regulations , Labor Relations , NLRA , NLRB , Section 7 , Union Organizers , Unions , Voluntary Participation

The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?

After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the...more

8/23/2024 / Administrative Law Judge (ALJ) , Confidentiality Agreements , Employment Contract , Federal Bans , Federal Trade Commission (FTC) , Injunctions , NLRA , NLRB , Non-Compete Agreements , Restrictive Covenants , Texas , Unfair Competition

NLRB Establishes New Joint Employer Rule

The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees,...more

11/20/2023 / Collective Bargaining , Compensation & Benefits , Department of Labor (DOL) , Employment Contract , Franchises , Franchisors , Independent Contractors , Job Duties , Joint Employers , NLRA , NLRB , Wage and Hour , Work Schedules

NLRB Does 180º (360º? 540º?) Turn on Independent Contractor Analysis; It May Not Matter

The National Labor Relations Act (NLRA) provides a host of labor-related rights for private-sector employees, including the right to form or join unions, the ability to compel employers to collectively bargain with the unions...more

6/22/2023 / Antitrust Violations , Collective Bargaining , Common Law Test , Employee Definition , Entrepreneurs , Independent Contractors , Misclassification , NLRA , NLRB , NLRB General Counsel , Unions

No, The NLRB Did Not Just Ban Non-Compete Agreements Either.

Almost two years ago, President Joe Biden issued Executive Order 14036, which broadly addresses promoting competition in the American economy. Among the measures considered in that executive order was greater scrutiny of...more

6/2/2023 / Employee Rights , Executive Orders , Federal Trade Commission (FTC) , Joe Biden , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Supervisors

President Biden Signals Aggressive Support Of Unions By Firing NLRB General Counsel

While union activity remains at near record lows in the private sector, the new administration has sent a strong early signal that it hopes to change that situation and that it will not be patient in taking steps it thinks...more

1/22/2021 / Biden Administration , Collective Bargaining , NLRA , NLRB , Union Organizers , Unions

The COVID-19 Crisis Is Likely To Increase Worker Activism And Union Organizing: What Employers Need To Know

After decades of steady decline in union activity, the number and magnitude of strikes in the United States increased sharply in both 2018 and 2019, rising to their highest levels since the early 1980s. Relatively successful...more

5/5/2020 / Collective Bargaining , Coronavirus/COVID-19 , Labor Relations , NLRA , NLRB , Union Organizers , Unions

NLRB Joint Employer Regulations Provide Clarity But Not Full Picture

The modern workplace has a dizzying array of formal and informal relationships between individuals performing work and the persons and entities they perform the work for—beyond just the typical employer/employee relationship....more

3/2/2020 / Employer Liability Issues , Franchises , Franchisors , Joint Employers , NLRA , NLRB

Confidentiality, E-mail, And Dues: NLRB Reverses Three Major Obama-Era Rulings

With a steady decline in private sector unionization and a lack of political muscle to change the National Labor Relations Act (“Act”), organized labor in the Obama era relied heavily on decisional rulings from the National...more

1/2/2020 / Confidentiality Policies , Email , Employer Liability Issues , Employment Policies , NLRA , NLRB , Union Dues , Union Organizers , Unions , Workplace Investigations

NLRB Expands Employer Rights To Limit Activities Of Non-Employee Union Organizers

Since 1982, the National Labor Relations Board (“NLRB” or “Board”) has interpreted the National Labor Relations Act (“NLRA”) to prohibit employers from denying non-employee union organizers access to those parts of the...more

7/1/2019 / Access to Employer Facilities , NLRA , NLRB , Union Organizers , Unions

Dealing With A Divided Workforce: NLRB Clarifies Standard For Treating Union And Nonunion Workers Differently

Under the National Labor Relations Act (NLRA), groups of employees are allowed to determine whether they wish to be represented by a union for purposes of collective bargaining, which sometimes results in businesses having...more

5/17/2019 / Administrative Law Judge (ALJ) , Collective Bargaining , NLRA , NLRB , Unions

NLRB Retreats From Expansive Definition Of “Concerted Activities,” Gives Employers More Leeway

The National Labor Relations Act (NLRA or the Act) gives employees in the private sector the right to form and join unions and to collectively bargain with employers. It also gives employees the right “to engage in other...more

1/18/2019 / Corporate Counsel , NLRA , NLRB , Non-Union , Protected Concerted Activity , Unions

Supreme Court Removes A Final (?) Roadblock For Employment Arbitration Agreements

Class action lawsuits against employers have steadily increased both in number and in dollar value over the past two decades. These lawsuits cost employers millions, often for technical or minor violations spread over many...more

5/28/2018 / Arbitration , Arbitration Agreements , Class Action Arbitration Waivers , Federal Arbitration Act , NLRA , NLRB , Popular , SCOTUS

Second Circuit Upholds NLRB Ruling That Employer’s “No Recording” Policy Violated National Labor Relations Act

Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This...more

6/14/2017 / Audio Recording , Employee Rights , NLRA , NLRB , Protected Activity , Video Recordings , Whole Foods

Federal Appeals Court Sanctions National Labor Relations Board in Ongoing Battle over Management Rights Provisions in Collective...

Most collective bargaining agreements contain “management rights” provisions that many employers, unsurprisingly, believe grant them the right to manage their businesses without union interference. The National Labor...more

10/15/2016 / Appeals , Collective Bargaining , Contract Terms , Management Rights Clauses , NLRA , NLRB , Sanctions

Just in Time for Labor Day – Employees You Didn’t Know Were Yours

The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more

9/1/2015 / Collective Bargaining , Employer Liability Issues , Franchise Agreements , Franchises , Hiring & Firing , Joint Employers , Master Service Agreement , NLRA , NLRB , Staffing Agencies , Subcontractors , Supervision , Terms and Conditions , Wages

Hugh Murray, III

McCarter & English, LLP

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