Patrick Muldowney at BakerHostetler

A New Sheriff in Town? Trump Names His NLRB General Counsel

On March 25, President Donald Trump nominated Crystal Carey, a partner at a large management-side law firm, to be general counsel (GC) of the National Labor Relations Board (NLRB or the Board). While Carey must be confirmed...more

3/31/2025 / Labor Relations , NLRB , NLRB General Counsel , Presidential Nominations , Regulatory Agenda , Trump Administration

Trump’s Valentine to Employers: The NLRB’s Acting General Counsel Undoes His Predecessor’s Agenda

On Feb. 14, the NLRB’s acting GC, Cowen, issued a memorandum to Board personnel rescinding more than 30 “GC memoranda” issued by the former GC, Abruzzo. Cowen’s action – which had been expected after President Donald Trump...more

2/18/2025 / Employee Rights , Employment Policies , Labor Reform , Labor Regulations , Labor Relations , NLRB , NLRB General Counsel , Non-Compete Agreements , Regulatory Agenda , Unions

‘You’re Fired’: Trump Takes Aim at the NLRB

As part of the flurry of executive actions taken during the first week of his administration, President Donald Trump has terminated the general counsel of the National Labor Relations Board (NLRB or the Board), as well as one...more

1/30/2025 / Executive Orders , NLRB , NLRB General Counsel , Regulatory Agenda , Trump Administration , Unions

What a Year in Labor: Top 10 Labor Cases and Developments You Should Know from 2024

In 2024, labor law continued to generally favor employees under the Biden National Labor Relations Board (the Board). Notable developments included establishment of an employee right to wear clothes espousing political speech...more

1/29/2025 / Biden Administration , Constructive Discharge , Employment Litigation , Employment Policies , NLRA , NLRB , Political Speech , SCOTUS , Section 7 , Unfair Labor Practices , Unions

Perception Versus Reality: Fifth Circuit Backs Board’s Unfair Labor Practice Finding on Termination Based on ‘Perceived’ Section 7...

The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more

1/6/2025 / Adverse Employment Action , Corporate Counsel , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Section 7 , Staffing Agencies , Termination , Unfair Labor Practices , Wages , Wrongful Termination

Return of the (Pro-Employer) Jedi: The NLRB Under a Second Trump Administration

Early in his presidency, Joe Biden promised to be “the most pro-union President leading the most pro-union administration in American history.” ...more

11/19/2024 / Biden Administration , Change in Control , Collective Bargaining , NLRB , NLRB General Counsel , Trump Administration , Unions

Adding Injury to Insult: The NLRB’S General Counsel Lays Out Expanded Remedies For Unlawful Noncompete and Stay-or-Pay Agreements

We previously reported on a May 2023 memorandum issued by the general counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, stating her view that “the proffer, maintenance, and enforcement” of...more

10/29/2024 / Contract Terms , Employer Liability Issues , Employment Contract , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Posting Requirements , Remedies , Restrictive Covenants , Severance Agreements , Statute of Limitations , Unfair Labor Practices

Sixth Circuit Bypasses NLRB’s McLaren Macomb Confidentiality and Non-Disparagement Provisions Holding, Fostering Uncertainty About...

On September 19, the Sixth Circuit Court of Appeals issued a decision enforcing the National Labor Relations Board (NLRB or Board) February 2023 McLaren Macomb decision. In doing so, the Sixth Circuit declined to comment on...more

10/1/2024 / Confidentiality Agreements , Contract Terms , Employment Litigation , NLRA , NLRB , Non-Disparagement Provisions , Proprietary Information , Section 7 , Severance Agreements , Trade Secrets

The NLRB Returns to Its Pre-2020 Policies and Procedures in Its “New” Blocking Charge and Voluntary Recognition Rules

The National Labor Relations Board (NLRB or Board) recently revived its “blocking charge” policy, voluntary recognition process and construction industry bargaining relationship policy by returning to its pre-April 2020...more

8/22/2024 / Biden Administration , Collective Bargaining , Construction Industry , Final Rules , New Rules , NLRA , NLRB , Policies and Procedures , Section 7 , Unfair Labor Practices , Union Elections , Unions

Sunshine State Update: New Florida Law Forbids Local Employment Regulation in Three Areas

House Bill 433 – effective July 1, 2024 – strips local Florida governments of their power to regulate employers in three important areas. First, the new law preempts local governments from creating heat exposure regulations. ...more

7/26/2024 / Corporate Counsel , Employee Benefits , Heat Exposure , Local Ordinance , New Legislation , OSHA , Preemption , State Labor Laws , Wage and Hour , Work Schedules

A ‘Grande’ Decision for Employers: The Supreme Court Raises the Bar on Section 10(j) Injunctions

Four months ago, we told you about a brewing labor law issue – whether the National Labor Relations Board (NLRB or Board) must satisfy the traditional preliminary injunction standard to secure an injunction against an...more

6/25/2024 / Injunctive Relief , NLRA , NLRB , Preliminary Injunctions , SCOTUS , Starbucks , Starbucks Corp. v McKinney , Unfair Labor Practices , Union Organizers , Unions

Employee Handbooks Remain Under Board Attack

During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

6/21/2024 / Administrative Law Judge (ALJ) , Corporate Counsel , Employee Handbooks , Employer Liability Issues , Employment Policies , NLRA , NLRB , Protected Concerted Activity , Section 7 , Starbucks Corp. v McKinney

Not So Fast: Fifth Circuit Partially Reverses the NLRB’s Thryv Decision

In a follow-up to our December 2022 blog post and December 2023 year-end roundup alert regarding the National Labor Relations Board’s (NLRB or Board) decision in Thryv, Inc., the United States Court of Appeals for the Fifth...more

6/6/2024 / Layoffs , Make-Whole Doctrine , NLRB , Remedies , Unfair Labor Practices , Unions

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

3/1/2024 / Adverse Employment Action , Black Lives Matter , Civil Rights Act , Dress Codes , Employee Rights , Employer Liability Issues , Employment Policies , Enforcement Actions , Federal Labor Laws , Hiring & Firing , Home Depot , NLRA , NLRB , Protected Concerted Activity , Race Discrimination , Section 7 , Termination

A Brewing Issue: The Supreme Court Accepts a Coffeemaker’s Request To Revisit Section 10(J)

When the National Labor Relations Board (NLRB or the Board) issues an administrative complaint accusing an employer of unlawful labor practices, it triggers in-house proceedings before the Board. These in-house proceedings...more

2/2/2024 / Certiorari , Employer Liability Issues , Employment Litigation , Hiring & Firing , NLRA , NLRB , SCOTUS , Starbucks

It’s the Holiday Season, and the NLRB Is the Union-Friendly Gift That Keeps On Giving

As we reflect on the many decisions that the National Labor Relations Board (NLRB or the Board) has handed down this year (many of which are unfavorable to employers), now is the perfect time to ensure that your organization...more

12/6/2023 / Employer Liability Issues , Labor Regulations , Labor Relations , NLRA , NLRB , Unfair Labor Practices

Here We Go Again: The National Labor Relations Board Reintroduces Chaos to Employee Handbooks

There was little doubt that the current National Labor Relations Board (NLRB or the “Board”) would overrule the Trump-era test in The Boeing Company for evaluating work rules in favor of a more employee-friendly standard. The...more

8/10/2023 / Boeing , Employee Handbooks , Employee Rights , Employer Liability Issues , Employment Policies , NLRA , NLRB , Section 7 , Unions

A New Front in the Noncompete Wars: NLRB’s General Counsel Claims Noncompete Agreements Violate the Labor Act

The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in employment...more

6/6/2023 / Employer Liability Issues , Employment Contract , New Guidance , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Policy Memorandums , Protected Concerted Activity , Section 7 , Severance Agreements

Q&A Regarding the NLRB’s Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance...more

3/30/2023 / Confidentiality Agreements , Contract Terms , Corporate Counsel , NLRA , NLRB , NLRB General Counsel , Non-Disparagement Provisions , Separation Agreement , Severance Agreements

NLRB Gifts Employees Expansive Remedies in Time for the Holiday Season

“You get more remedies! You get more remedies! Everybody gets more remedies!” Employers found to have committed an unfair labor practice (ULP) now may be required to compensate employees for interest and late fees on...more

12/28/2022 / Corporate Counsel , Employer Liability Issues , Make-Whole Doctrine , NLRB , Remedies , Unfair Labor Practices , Unions , Wrongful Termination

Florida Reexamines Abortion Rights Under Its State Constitution Post-Dobbs

According to statistics published in U.S. News & World Report, Florida has the fifth-highest rate of abortions performed per 1,000 women among all 50 states, and it trails only California and New York in the actual number of...more

7/8/2022 / Abortion , Dobbs v. Jackson Women’s Health Organization , Governor DeSantis , New Legislation , Planned Parenthood , Preliminary Injunctions , Privacy Laws , SCOTUS , State Attorneys General , State Constitutions

FAQs: The Families First Coronavirus Response Act for Employers (Updated #3)

On March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is intended to...more

4/27/2020 / Coronavirus/COVID-19 , Department of Labor (DOL) , Employee Benefits , Families First Coronavirus Response Act (FFCRA) , Family and Medical Leave Act (FMLA) , Paid Leave , Paid Time Off (PTO) , Relief Measures , Sick Leave , Wage and Hour

FAQs: The Families First Coronavirus Response Act for Employers (Updated #2)

On Wednesday, March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is...more

4/16/2020 / Coronavirus/COVID-19 , Department of Labor (DOL) , Families First Coronavirus Response Act (FFCRA) , Paid Leave

FAQs: COVID-19 – General Labor and Employment Legal Concerns – April 6, 2020 Update

BakerHostetler’s COVID-19 Labor and Employment Issues Task Force issued a set of FAQs on March 18, 2020 and another on March 30, 2020 regarding general legal issues concerning the COVID-19 pandemic....more

4/7/2020 / Collective Bargaining , Coronavirus/COVID-19 , Families First Coronavirus Response Act (FFCRA) , Hiring & Firing , Layoffs , NLRB , Paid Leave , Sick Leave , Unemployment Benefits , Unemployment Insurance , Unions

FAQs: The Families First Coronavirus Response Act for Employers (Updated)