On April 7, 2025, the U.S. Court of Appeals for the District of Columbia held that President Trump’s termination of National Labor Relations Board (“NLRB” or the “Board”) Member Gwynne Wilcox was unlawful. The decision marks...more
4/8/2025
/ Appeals ,
Constitutional Challenges ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
NRLA ,
Statutory Interpretation ,
Trump Administration ,
Unions
On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB”) William B. Cowen issued his first General Counsel Memorandum (“GC Memo”) GC 25-05 rescinding nearly all of the Biden...more
2/27/2025
/ Corporate Counsel ,
Damages ,
Employee Rights ,
Employment Litigation ,
Labor Reform ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Regulatory Agenda ,
Settlement ,
Unfair Labor Practices ,
Unions
As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policies, and shifting toward increasingly more...more
The election is over and a second Trump administration will begin in January 2025 (“Trump Administration”). Numerous changes to the employment law landscape will come with it. And if past is prologue, many of these changes...more
On August 31, 2023, the National Labor Relations Board (“NLRB” or “Board”) adopted a broader test for what is considered “protected concerted activity” under the National Labor Relations Act (“NLRA” or the “Act”). Section 7...more
On December 16, 2022, the National Labor Relations Board (“NLRB” or “Board”) abandoned the employer-friendly access standard for off-duty employees of an onsite contractor that was adopted under the Trump Administration in...more
On October 31, 2022, Jennifer Abruzzo, the NLRB’s General Counsel (GC), released a memorandum regarding employer use of electronic surveillance and automated management, and its potential interference with employees’ ability...more
Under well-settled, decades-old precedent, employers have historically been free to hold mandatory “captive audience” meetings to educate employees, share views on unionization, and discuss what employees’ rights are with...more
The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more
12/23/2019
/ Caesars ,
Collective Bargaining Agreements (CBA) ,
Confidential Information ,
Electronic Communications ,
Email ,
Email Policies ,
Employee Rights ,
Employer Rights ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Activity ,
Purple Communications ,
Unfair Labor Practices ,
Union Dues ,
Unions ,
Workplace Communication ,
Workplace Investigations
Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the...more
9/11/2019
/ Administrative Law Judge (ALJ) ,
Dismissals ,
Disparate Treatment ,
Employee Rights ,
Employer Liability Issues ,
Kroger ,
NLRA ,
NLRB ,
Private Property ,
Property Owners ,
Reversal ,
Right of Access ,
Solicitation ,
Unfair Labor Practices ,
Union Organizers ,
Union Representatives ,
Unions
The National Labor Relations Act’s (NLRA or Act) Section 7 grants to all employees — regardless of whether they are unionized or not — the right to engage in protected concerted activity (PCA). Accordingly, an employer may...more
8/2/2019
/ Administrative Law Judge (ALJ) ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Strike ,
Unfair Labor Practices ,
Unions ,
Wal-Mart
On June 14, 2019, the National Labor Relations Board (NLRB or Board) issued an important decision clarifying whether and when an employer may lawfully exclude union organizers from its privately owned public spaces. Under...more
In The Boeing Company, 365 NLRB No. 154 (2017), the National Labor Relations Board (NLRB) reassessed the standard it would apply when determining the facial validity of otherwise neutral work rules based upon a balancing...more
On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more
4/27/2018
/ Appeals ,
Boeing ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Employee Handbooks ,
Employee Rights ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Off-Duty Employees ,
Presidential Appointments ,
Protected Concerted Activity ,
Title VII ,
Trump Administration ,
Unions
An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more
2/21/2018
/ Administrative Law Judge (ALJ) ,
Boeing ,
Confidentiality Agreements ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Participation Agreements ,
Protected Concerted Activity ,
Section 7 ,
Severance Agreements ,
Severance Pay ,
Termination ,
Unions