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
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
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
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
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
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
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
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
On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more