Michael Lebowich on Section 7

Prosecutorial Reset: NLRB Acting General Counsel Rescinds Biden Guidance Memoranda En Masse

Not waiting for the appointment of a new General Counsel after President Trump’s discharge of both the previous General Counsel and then Acting General and suggesting that his motivation related to the workload of the Agency,...more

2/20/2025 / Biden Administration , Corporate Counsel , Employee Rights , Employment Policies , Enforcement Actions , Labor Reform , NLRA , NLRB , Presidential Memorandum , Section 7 , Trump Administration

No Limits: Non-Compete Agreements Next Up on NLRB General Counsel Chopping Block

Following the National Labor Relations Board’s (“NLRB”) highly-controversial decision in McLaren Macomb declaring most confidentiality and non-disparagement clauses in separation agreements to be unlawful, General Counsel...more

5/31/2023 / Corporate Counsel , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Non-Disparagement Provisions , Section 7 , Severance Agreements

UPDATE: NLRB GC Abruzzo Makes Clear All Non-Disparagement and Confidentiality Clauses Are At Risk After NLRB’s McLaren Decision

Earlier this month, the National Labor Relations Board (“NLRB”) issued its decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that not only are most non-disparagement and confidentiality clauses signed by employees...more

3/27/2023 / Confidentiality Agreements , Contract Terms , NLRA , NLRB , Non-Disclosure Agreement , Non-Disparagement Provisions , Section 7 , Separation Agreement , Severance Agreements

Tesla and Musk Get a Shock from the NLRB – Tesla CEO Ordered to Delete Union Tweet and Eliminate Overly Broad Confidentiality...

In its March 25 decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (“NLRA”) after prohibiting employees from talking to the media; (2) Tesla did not violate the Act by calling...more

4/2/2021 / Administrative Law Judge (ALJ) , Collective Bargaining , Confidentiality Agreements , Elon Musk , Employee Rights , Employer Liability Issues , NLRA , NLRB , Section 7 , Tesla , Twitter , Unions

Buttoning Up Rules on Union Insignia – Board Makes It Easier for Employers to Restrict Size and Scope of Union Buttons For Those...

The Board continues churning out precedent-setting decisions as year-end approaches. Two days before the Christmas holiday, in Wal-Mart Stores, Inc., 368 NLRB No. 146 (Dec. 16, 2019), the NLRB applied its new view on handbook...more

12/30/2019 / Boeing , Corporate Counsel , Employee Handbooks , Employment Policies , NLRA , NLRB , Protected Concerted Activity , Section 7 , Unions , Wal-Mart

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

8/16/2019 / Administrative Law Judge (ALJ) , Arbitration Agreements , Collective Actions , Corporate Counsel , Employment Contract , Epic Systems Corp v Lewis , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Mandatory Arbitration Clauses , NLRA , NLRB , Protected Concerted Activity , SCOTUS , Section 7 , Wage and Hour

Here We Go: The Full Board Finally Starts to Make Its Mark

NLRB Reverses Precedent on Joint Employer Liability and Standard Governing Employee Handbooks - This afternoon, just two days prior to the end of Chairman Philip Miscimarra’s term, the NLRB issued a pair of 3-2 decisions...more

12/15/2017 / Browning-Ferris Industries of California Inc. , Employee Handbooks , Employer Liability Issues , Joint Employers , NLRA , NLRB , Section 7 , Wage and Hour

Michael Lebowich

Proskauer Rose LLP

Popular Topics by This Author

Latest Posts › Section 7