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National Labor Relations Board (NLRB) General Counsel Tackles Non-Compete Agreements

The General Counsel for the National Labor Relations Board (“Board’) issued a Memorandum on May 30th delineating her position that noncompete agreements interfere with an employee’s rights under Section 7 of the National...more

Confidentiality and Non-Disparagement Clauses in Severance Agreements Are Ruled Unlawful

On February 21, 2023, the National Labor Relations Board (the “Board”) released its decision in McLaren Macomb and Local 40 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL–CIO (McLaren)....more

Why Will Smith’s Oscar Slap Matters – Disability Discrimination Revisited

We all saw it live or on social media – Will Smith slapped Chris Rock during an Oscars on-stage moment that was unforgettable. Smith reacted to a joke that Rock expressed about Jada Pinkett Smith’s bald head. What either was...more

Takeaways From an Earlier Generation’s Labor Management Strategies

This blog post is designed to provide some fresh ideas for managing your workforce by sharing stories I have learned from my father over the years. It is a bittersweet time to write this. My father is 95 years old, in a...more

NLRB Legal Chief Signals Joint Employer and Secondary Picketing As Issues To Address in 2022

Just in time for the holidays, the National Labor Relations Board (NLRB) General Counsel, Jennifer Abruzzo (GC Abruzzo), has revealed her hand on two specific and oft-debated issues to be taken up by the Board in 2022. While...more

12/24/2021  /  Appeals , Joint Employers , NLRA , NLRB , Unions

Proper Planning in the Face of a Strike or Walkout

As a young child, I never really knew what my father did for a living. At the dinner table, I constantly heard about “strike” this and “strike” that. I thought he was a baseball umpire or a newspaper editor. Alas, I learned...more

Managing Generation Z in the Workplace

The post-COVID-19 workplace is here. Those of us who had established physical places of work are returning to our physical workspaces or the return is on the horizon. For many, the return will feel awkward at first, but my...more

[Webinar] Lehigh Valley Labor & Employment Seminar - May 26th, 9:00 am - 12:00 pm EDT

Presenters will provide recent legal developments, trends and cases that impact workplace practices and operations; issues related to Covid will be incorporated throughout the presentations. Programming will be presented in...more

Despite NLRB’s Guidance Enhancing Safety Protocols for In-Person Union Representation Elections, Mail Balloting Predominates

The National Labor Relations Act allows workers to form unions and negotiate job terms and conditions with their employers. In normal circumstances, workers vote on whether to unionize via physical, in-person elections...more

Businesses Should Strike the Proper Balance Between Their Desire for Management Autonomy With Sensitivity to Social Justice Issues

American business has been preparing to return to normal operations, with some tweaking due to COVID-19-related governmental guidelines, for weeks. Owners, managers and supervisors are being (or should be) trained about...more

Return to Work: Guidance for Workplace Reopening

With the process of allowing non-essential businesses to reopen beginning, businesses are being confronted with numerous complex and inter-related questions on how to best proceed with restarting operations. This process will...more

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more

NLRB Hits Unions with One-Two Punch the Week Before Labor Day

The National Labor Relations Board (the Board) continues to modify the way employers, unions and employees view and relate to each other in the workplace. In two decisions right before Labor Day, the Board strengthened...more

NLRB Proposed Election Rule Presents Significant Changes to Election Procedures

On August 12, the National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking to modify three parts of its election procedures. This rulemaking would amend the Board’s blocking charge policy,...more

Recent Third Circuit OSHA Decision Sounds Alarm for Employers and Their Officers

The Third Circuit Court of Appeals recently issued an opinion that should serve as a warning not only to employers, but to their corporate officers. The case against Altor, Inc., a New Jersey-based construction company, began...more

New Massachusetts Law Substantially Restricts Employee Non-Compete Agreements

Today, August 10, 2018, Massachusetts Governor Charlie Baker signed into law a comprehensive economic development act which amends the Massachusetts General Laws Chapter 149 to create a new Section 24L, which will impose...more

United States Supreme Court Ruling on Agency Fees Favors Employers

Nearing the end of its term, the United States Supreme Court put an exclamation point on its spate of business-friendly decisions. On June 27, 2018, the Court held that public-sector workers who are not union members cannot...more

In Epic Case, Supreme Court Reverses NLRB Course on Class Action Waivers

On May 21, 2018, the United States Supreme Court upheld the validity of mandatory arbitration clauses that preclude class actions. In Epic Systems Corporation v. Lewis, the Court found that these mandatory arbitration...more

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