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Acting NLRB General Counsel Rolls Back Biden-Era Guidance Memos

Details On February 14, the acting General Counsel (GC) of the National Labor Relations Board (NLRB), William Cowen, announced the rescission of memoranda issued by his predecessor under the Biden administration. The...more

National Labor Relations Board Ditches Decades-Long Precedent on Employers’ Unionization Threats

On November 8, in Siren Retail Corp., 373 NLRB No. 135 d/b/a Starbucks, the National Labor Relations Board (NLRB or Board) overturned its categorical rule that immunized nearly all employers’ statements concerning the effects...more

NLRB Reverts to Tougher Contractor Standard

On June 13, 2023, the National Labor Relations Board (NLRB) reconsidered its standard when determining whether workers are covered employees under the National Labor Relations Act or, instead, are independent contractors...more

NLRB's General Counsel Declares That Non-Compete Agreements Should Be Unenforceable

On May 30, Jennifer A. Abruzzo, general counsel for the National Labor Relations Board (NLRB), issued new directives regarding the enforceability of non-compete agreements. Abruzzo’s memorandum contends generally that...more

NLRB Issues Complaint for Athlete Misclassification against NCAA, Pac-12, and USC

On May 18, 2023, the National Labor Relations Board’s (the Board) regional director in Region 31 issued a complaint against the National Collegiate Athletic Association (NCAA), the Pac-12 Conference, and the University of...more

NLRB Gives Workers Greater Leeway to Engage in Abusive Conduct

On May 1, 2023, the National Labor Relations Board (the Board) issued its decision in Lion Elastomers LLC II and made it more difficult for employers to discipline employees for misconduct and outbursts. Now employers must...more

NLRB General Counsel Issues Memorandum on Electronic Monitoring of Employees

On October 31, 2022, Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a Memorandum regarding new challenges that employers will face for the electronic monitoring and algorithmic...more

New NLRB Proposed Rule Expands Joint Employer Definition

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule to expand the definition of “joint employer” under the National Labor Relations Act (NLRA). If the proposed rule is adopted, a party will be...more

NLRB Stops Profanity-Laced Tirades and Other Abusive Conduct by Workers in the Workplace

The NLRB in General Motors on Tuesday reversed an agency judge’s ruling which provided that the employer, General Motors, violated the NLRA by suspending a worker who used the F-word at his supervisor. By adopting the “Wright...more

Good News for Employers - NLRB Finalizes Joint Employer Rule Reducing Litigation Risk

Earlier this week, the NLRB made official a less stringent standard on joint employer liability, returning to a decades old approach which had been applied until the NLRB’s decision in 2015 which made the standard less...more

Employer Rights to Control the Workplace Reinstated by President Trump's NLRB

On December 17, 2019, the National Labor Relations Board issued two decisions that reversed troubling precedents and restored rights to employers. First, the NLRB reiterated that employers have a right to control the use of...more

NLRB Makes Welcome Changes to "Quickie" Election Rules

On December 13, 2019, the National Labor Relations Board modified regulations implemented by the NLRB in 2015 that dramatically accelerated the complex union election process. The 2015 rules were appropriately nicknamed the...more

The NLRB Restores Pre-Browning- Ferris Joint Employer Standard

The joint employer standard, which is used to determine the extent to which one employer may become liable for obligations of another, has long been a very politically-charged issue. It therefore comes as no surprise that...more

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