Peter Finch

Peter Finch

Davis Wright Tremaine LLP

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NLRB General Counsel Moves to Invalidate Noncompete Agreements

On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued Memorandum GC 23-08, setting forth her view that noncompete provisions in employment contracts and severance agreements...more

6/2/2023  /  Employees , Employer Liability Issues , Employment Contract , Intellectual Property Protection , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Section 7

NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts

Lion Elastomers Revives a "Setting-Specific" Standard That Is Again Likely to Lead to Arbitrary Results and Conflicting Obligations Under Various Statutes - After the National Labor Relations Board's recent decision in...more

5/9/2023  /  Disciplinary Proceedings , Employee Misconduct , Employees , Employer Liability Issues , Employment Litigation , NLRA , NLRB , Policies and Procedures

NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts - Lion Elastomers Revives a...

After the National Labor Relations Board's recent decision in Lion Elastomers LLC II, employers must now carefully navigate two "fundamentally different" classes of employee misconduct: 1) "misconduct during ordinary work,"...more

5/9/2023  /  Discipline , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity

NLRB Announces Willingness to Impose Extraordinary Remedies for Repeat Offenders - Board's Decision in Noah's Ark Processors...

On March 20, 2023, the National Labor Relations Board issued a decision in Noah's Ark Processors, LLC, d/b/a WR Reserve, 372 NLRB No. 80 (2023). The Board's decision follows a memorandum issued by National Labor Relations...more

5/2/2023  /  Collective Bargaining , Employer Liability Issues , NLRA , NLRB , Unfair Labor Practices , Unions

GC Abruzzo Continues Her Assault on NLRB Decisions She Believes Are Too Employer Friendly

In a memo released March 20, the National Labor Relations Board's General Counsel, Jennifer Abruzzo, updated her remaining prosecutorial priorities, identifying the kinds of cases she wants regional offices to send her for...more

3/27/2023  /  Employee Rights , Employer Liability Issues , NLRB , NLRB General Counsel , Protected Concerted Activity , Section 7

NLRB General Counsel Offers Roadmap for Severance Agreements, But Employers Might See a Dead End

The General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued a memo setting forth her views regarding the future of severance agreements in the wake of the Board's recent decision in McLaren Macomb....more

3/27/2023  /  Confidentiality Agreements , Employer Liability Issues , NLRB , NLRB General Counsel , Non-Disparagement Provisions , Section 7 , Severance Agreements , Unfair Labor Practices

NLRB Rules Against Severance Agreements Deemed Overly Broad in McLaren Macomb Decision

Employers should take a fresh look at all of their severance agreements they have with former employees, or would typically propose to employees, following last week's decision of the National Labor Relations Board (the...more

3/3/2023  /  Confidentiality Agreements , Employer Liability Issues , NLRA , NLRB , Non-Disclosure Agreement , Non-Disparagement Provisions , Section 7 , Severance Agreements

NLRB Proposed Standard Would Increase Potential Liability for Businesses Employing Third Parties

If a National Labor Relations Board proposed rule is implemented as drafted, businesses that contract with third parties to provide labor or services would face significantly more risk of being held jointly liable with these...more

9/19/2022  /  Browning-Ferris Industries of California Inc. , Employer Liability Issues , Joint Employers , NLRA , NLRB , Staffing Agencies , Unions

NLRB Reinstates Rule Permitting Confidentiality During Workplace Investigations

In welcome news to employers, the National Labor Relations Board (NLRB) issued a decision on December 19, 2019, holding that employer rules requiring employee confidentiality during the course of workplace investigations are...more

2/25/2020  /  Boeing , Confidentiality Policies , Employee Rights , Employer Liability Issues , Employment Policies , NLRA , NLRB , Section 7 , Workplace Investigations

Washington State Enacts Law Restricting Employers’ Access to Private Social Media Accounts

Effective July 28, 2013, Washington joined several states in prohibiting employers from seeking access to their employees’ or prospective employees’ private social-media accounts....more

8/9/2013  /  Employer Liability Issues , Internet , New Legislation , Social Media , Social Media Policy
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