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Talking About The NLRB’s New Rulings on Confidentiality, Non-Disparagement, and Severance Offers

There’s been another flip-flop at the National Labor Relations Board. The target this time? Severance agreements. During the Trump administration, the NLRB issued a set of rulings that generally allowed employers to...more

The Supreme Court and Lessons from “Striketober”: What Should Employers Expect?

A wave of labor strikes in October of 2021 led experts to dub the month “Striketober.” And this year, we saw the trend continue as companies across the nation faced a number of work stoppages through late-September and...more

Déjà Vu – The NLRB Looks to Implement Prior Joint Employer Standard

On September 7, 2022, the NLRB issued a notice of proposed rulemaking seeking to replace the Trump-era final joint employer rule, which provided that an employer would be considered a joint employer under the NLRA only where...more

Are Your Doctors Poised for an Organizing Push? A Recent NLRB Decision May Provide Some Incentive

Generally speaking, most healthcare employers would not think that their employed physicians are at risk for unionization. As opposed to interns and residents, who have experienced their own unionization push in the past...more

1/27/2022  /  Employer Liability Issues , NLRA , NLRB , Unions

NLRB: Employers Win When Their Employees Can’t “Opt-In”

In the first post-Epic Systems decision regarding arbitration agreements, the NLRB has underscored just how pro-arbitration courts and regulators have become. In Cordúa Restaurants, the Board put its stamp of approval on...more

Is Misogyny Protected Activity?

The blogs and networks have been buzzing over the past few days with news that a senior software engineer at Google – James Damore – had taken it upon himself to write and post on an internal Google mailing list a ten page...more

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