On May 16, William B. Cowen, acting general counsel (GC) of the National Labor Relations Board (NLRB or the Board), issued Memorandum GC 25-06, which restored discretion to regional directors in settling with employers and...more
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
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
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
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
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
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
“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
As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the...more