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New NLRB Counsel Overturns Biden-Era Policies, Signaling Pro-Employer Shift

With one stroke of his pen, the National Labor Relations Board’s (NLRB) new Acting General Counsel, William Cowen, has effectively dismantled more than two dozen key Biden-era initiatives that favored employees and unions. ...more

NLRB Issues Labor-Friendly Decisions on ‘Captive Audience’ Meetings, Employer Statements on Unionization

Reversing established precedent that has stood for decades, two recent decisions by the National Labor Relations Board make it increasingly difficult for employers to make the argument to workers that unionization is not in...more

NLRB General Counsel Calls for Monetary Relief for Unlawful Noncompetes

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has issued a memorandum (GC 25-01) that calls for monetary remedies in cases where noncompete covenants or “stay-or-pay” provisions are deemed to violate...more

In Latest Pro-Labor Rulings, NLRB Sharply Curtails Management’s Ability to Change Union Workers' Employment Terms

In a pair of decisions issued on Aug. 30, 2023, the National Labor Relations Board (NLRB) established new, restrictive standards for evaluating when a unionized employer may avoid bargaining over changes to employees’ terms...more

NLRB's New Framework for Union Organizing Puts Employers at a Severe Disadvantage

The National Labor Relations Board has issued a groundbreaking decision that jettisons 50 years of established law to provide unions a more favorable framework to organize nonunion companies. On the heels of new rules...more

NLRB General Counsel Ratchets Up Effort to Prohibit Most Employment-Based Non-Competes

Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (NLRB), has called for non-compete agreements to be curtailed on a nationwide basis for a large swath of employees. In a recent memorandum – which is...more

NLRB Says No to Confidentiality, Nondisparagement Provisions in Severance Agreements

The National Labor Relations Board issued another ground-breaking decision on February 21, 2023, ruling that confidentiality and nondisparagement agreements commonly included in employment severance agreements may be deemed...more

NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at Workplace

A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the National Labor Relations Act...more

NLRB GC Seeks to Curtail Employers’ Defenses to Union Organizing Amidst Huge Increase in Union Election Petitions

On April 6, the National Labor Relations Board announced that union representation petitions filed with the agency during the first six (6) months of the fiscal year had increased 57% from the previous year....more

NLRB GC’s Extreme Agenda on Display at ABA Mid-Winter Meeting

Last week, the American Bar Association’s Section on Labor and Employment Law, Committee on the Developing Labor Law, gathered in Kauai for its annual mid-winter meeting, featuring presentations from top labor law attorneys...more

More Sound and Fury from the NLRB GC – Signifying What, Exactly?

NLRB General Counsel Jennifer Abruzzo announced, in a February 1 memorandum, that the Board will consider seeking interim injunctive relief – heretofore an extraordinary remedy reserved for particularly serious unfair labor...more

NLRB General Counsel Signals Stronger Enforcement Actions Against Employers, Part Two: ‘Seeking Full Remedies’

Last month, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued not one, but two memoranda directing Regional Offices to pursue a vastly expanded array of “remedies” against employers in unfair labor...more

PRO Act: Congress Considers Fundamental Changes To Federal Labor Law

Congress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide. The Protecting the Right to...more

Watch The Pendulum Swing – NLRB’s Acting GC Rolls Back Predecessor’s Guidance Memoranda

NLRB Acting General Counsel Peter Ohr is moving swiftly to put his stamp on national labor policy. Last week, my partner Andrew MacDonald blogged about Ohr’s withdrawal of a complaint that had challenged the use of a...more

NLRB Clarifies Joint-Employer Standard In Final Rule

The National Labor Relations Board recently issued its Final Rule (Rule) on the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The Rule, published on Feb. 26,, provides clarity...more

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