Jonathan Crotty on NLRB

NLRB Counsel Withdraws Non-Compete Memo

The National Labor Relations Board’s acting general counsel withdrew a memorandum issued by his predecessor that characterized some non-competition agreements with employees as violations of federal labor laws....more

2/21/2025 / Corporate Counsel , Department of Labor (DOL) , Employment Contract , Federal Labor Laws , Federal Trade Commission (FTC) , NLRB , Non-Compete Agreements , Restrictive Covenants , State Labor Laws , Trump Administration

NLRB Requires Clear Waiver of Rights in CBA to Avoid Bargaining Obligation

When a union and employer negotiate the terms of a collective bargaining agreement (CBA), it is virtually impossible for the parties to predict and account for every issue that may affect the working relationship between them...more

12/13/2024 / Collective Bargaining , Collective Bargaining Agreements (CBA) , Contract Negotiations , Contract Terms , Labor Relations , NLRB , Unions , Waiver of Rights

NLRB Issues Two Decisions Limiting Management's Ability to Contest Unionization

During union representation campaigns, it is common for employers to advise employees of the downsides posed by union recognition. The current National Labor Relations Board (NLRB) has criticized these tactics, alleging that...more

11/15/2024 / Collective Bargaining , Employee Rights , Employer Liability Issues , Labor Regulations , Labor Relations , NLRA , NLRB , Special Meetings , Unfair Labor Practices , Union Elections , Union Organizers , Unions

Interview Exchange Leads to Unfair Labor Practice Claims

This week, Elon Musk interviewed former President Trump on his social media platform X. During the interview, the two participants discussed their response to a hypothetical strike at Musk’s Tesla production facility. Trump...more

8/16/2024 / Donald Trump , Elon Musk , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Public Statements , Section 7 , Strike , Tesla , Unfair Labor Practices , United Auto Workers

National Labor Relations Board Reverses 2020 Union Election Results

Many federal agencies appear caught in a tennis match whereby interpretations of their statutory authority depend on the party in power at any given time. This has resulted in a number of situations where federal regulations...more

8/2/2024 / Election Results , NLRB , Presidential Elections , Statutory Authority , Unfair Labor Practices , Union Elections , Unions

NLRB Waves White Flag on Expansion of Joint Employer Definition

Last week, the National Labor Relations Board withdrew its appeal of a federal court decision that blocked its 2023 rule that significantly expanded the definition of joint employment under federal labor law....more

7/26/2024 / Employer Liability Issues , Franchises , Joint Employers , NLRA , NLRB , Staffing Agencies

US Supreme Court Applies Strict Test for NLRB Injunctions

In unusual circumstances arising during unionization campaigns, the National Labor Relations Board can seek a so-called Section 10(j) injunction to immediately order the employer or union to cease illegal acts associated with...more

6/21/2024 / Hiring & Firing , Injunctive Relief , NLRB , Retaliation , SCOTUS , Termination , Union Organizers , Unions

Managers Not Protected by NLRA Concerted Activity Rules

Over the past few years, the National Labor Relations Board has taken aggressive measures to extend labor law protections to some non-unionized employees. These decisions have involved employer policies restricting social...more

4/12/2024 / Employer Liability Issues , Employment Policies , Fair Labor Standards Act (FLSA) , NLRA , NLRB , Protected Concerted Activity , Section 7

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

3/29/2024 / Coronavirus/COVID-19 , Corporate Counsel , Employment Litigation , Hiring & Firing , Home Health Care , NLRA , NLRB , Popular , Protected Concerted Activity , Retaliation , Termination

Federal Court Throws Out NLRB's Joint Employer Rule

Last week, a federal district court judge in Texas struck down the National Labor Relations Board’s joint employer rule. That rule significantly expands the definition of joint employers, making a company subject to NLRB...more

3/15/2024 / Franchises , Joint Employers , New Rules , NLRA , NLRB , Staffing Agencies

Federal Court Delays Effective Date of NLRB Joint Employer Rule

Last week, a Texas federal court extended a temporary ban on implementation of the National Labor Relations Board’s joint employer rule until March 11. The rule was originally effective in December, but the NLRB delayed the...more

3/1/2024 / Effective Date , Employer Liability Issues , Franchises , Joint Employers , New Rules , NLRA , NLRB , Staffing Agencies

Internal Employee Grievance Committees Can Violate Federal Labor Laws

When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more

1/19/2024 / Administrative Law Judge (ALJ) , Appeals , Communication Workers of America , Complaint Procedures , Employer Liability Issues , Employment Litigation , Federal Labor Laws , Grievance Process , NLRB , Remand , Special Committees , T-Mobile , Union Organizers , Union Representatives , Unions

Cooperation Trend Continues: OSHA and NLRB Announce Joint Enforcement Agreement

In recent months, a number of federal labor and employment agencies have announced new initiatives intended to coordinate and cross-refer enforcement actions. This trend continued last week when the National Labor Relations...more

11/10/2023 / Cooperation , Data-Sharing , Employee Rights , Enforcement Authority , Labor Disputes , Labor Law Violations , NLRB , OSHA , Safety Violations , Workplace Investigations

NLRB Finalizes Joint Employer Rule

Last week, the National Labor Relations Board (NLRB) issued final rules broadening the definition of joint employers under federal labor law. A joint employer is a company that is not the employee’s direct W-2 employer, but...more

11/6/2023 / Final Rules , Franchise Agreements , Franchisee , Franchisors , Joint Employers , NLRB , W-2

NLRB Files Complaint Over Employer's Use of Noncompetes and Reimbursement Requirements

Earlier this year, the National Labor Relations Board’s General Counsel released a memorandum taking the position that many employers’ use of noncompetition and related agreements violates the National Labor Relations Act by...more

9/15/2023 / Enforcement Actions , Federal Trade Commission (FTC) , NLRB , NLRB General Counsel , Non-Compete Agreements , Reimbursements , Restrictive Covenants , Unfair Labor Practices

Two New NLRB Decisions Expand Labor Rights for Non-Unionized Workers

The National Labor Relations Board continues its recent streak of overturning board decisions from the Trump administration that limit the rights of employees to organize and complain about working conditions. The latest...more

9/8/2023 / Anti-Retaliation Provisions , Employee Rights , Labor Relations , NLRA , NLRB , Non-Union , Protected Concerted Activity , Protests , Unfair Labor Practices , Unions , Unpaid Interns , Working Conditions

NLRB Streamlines Union Election Procedures

The National Labor Relations Board has continued its reversal of Trump-era decisions. The NLRB issued a final rule expediting union election procedures, making it more difficult for employers to react and respond to...more

9/1/2023 / Employee Rights , Labor Relations , NLRA , NLRB , Quickie Election Rules , Unfair Labor Practices , Union Elections , Union Organizers , Unions

NLRB Narrows Definition of Independent Contractor Under Federal Labor Laws

On Tuesday, the National Labor Relations Board (NLRB) overturned a Trump-era precedent, changing the test used to determine whether workers seeking protection under federal labor laws are employees or independent contractors....more

6/18/2023 / Employee Definition , Employer Liability Issues , Federal Labor Laws , Gig Economy , Independent Contractors , Misclassification , NLRA , NLRB , Wage and Hour

Noncompetes Violate Federal Labor Law, Says National Labor Relations Board's General Counsel

In the wake of the Federal Trade Commission’s recent proposal to void noncompetition agreements between employers and employees, another federal agency has joined the push to restrict the use of restrictive covenants in...more

6/2/2023 / Employer Liability Issues , Federal Trade Commission (FTC) , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Proposed Regulation , Restrictive Covenants , Section 7 , Statutory Authority

NLRB Reverses Standard for Firing Employees Who Engage in Labor Confrontations

Last week, the National Labor Relations Board’s (NLRB) game of legal tennis continued when it reversed another Trump-era decision involving when employers can take disciplinary action against employees who lose their cool...more

5/12/2023 / Discipline , Employee Misconduct , Employment Policies , Hiring & Firing , NLRB , Protected Activity

[Webinar] Are Big Changes for Employers on the Horizon? - May 24th, 10:00 am - 11:00 am EDT

2023 has already seen a number of major developments for employers in the areas of noncompetition agreements, terms of settlements and separations with employees, and more. Additionally, the U.S. Supreme Court is set to rule...more

4/26/2023 / Confidentiality Agreements , Employment Contract , Federal Trade Commission (FTC) , Hiring & Firing , NLRB , Non-Compete Agreements , Non-Disparagement Provisions , Religious Accommodation , Separation Agreement , Severance Agreements , Webinars

Jonathan Crotty

Parker Poe Adams & Bernstein LLP

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