Steven Swirsky on Section 7

NLRB General Counsel Calls for Crack Down and Harsh Remedies for Non-Competes and “Stay or Pay” Provisions

National Labor Relations Board (“Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) issued a General Counsel Memo (Memo GC 25-01) last week signaling that employers could face civil prosecution and significant monetary...more

10/18/2024 / Employees , Employment Contract , Federal Trade Commission (FTC) , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Section 7

Racist, Sexist, and Threatening Behavior Is Fine in the Workplace as Long as You Connect It to Union Activity: The Return of...

On Monday, the National Labor Relations Board (the “Board” or “NLRB”), with a majority of appointees by President Biden, i.e., “the Biden-Board,” reversed the short-lived General Motors LLC, 369 NLRB No. 127 (2020) decision...more

5/5/2023 / Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Section 7 , Unions

NLRB GC’s McLaren Macomb Memo Provides Murky and Ominous Guidance on Board’s Prohibitions on Non-Disparagement and Non-Disclosure...

Approximately a month after the Board issued McLaren Macomb, 372 NLRB No. 58, which left employers scrambling to decipher its unclear impact on both unionized and non-unionized workplaces, Jennifer Abruzzo, the General...more

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

Non-Disparagement, Non-Disclosure, Non-Allowed: The NLRB Finds Unlawful Confidentiality and Non-Disparagement Provisions in...

On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) continued its aggressive application of the National Labor Relations Act (“Act” or “NLRA”) to workplaces without union representation and lessened...more

2/27/2023 / Confidentiality Agreements , NLRA , NLRB , Non-Disclosure Agreement , Non-Disparagement Provisions , Section 7 , Severance Agreements

NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the Workplace, Following the Recent Regulatory...

On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more

11/21/2022 / Artificial Intelligence , Electronic Monitoring , Employee Monitoring , Employer Liability Issues , NLRA , NLRB , NLRB General Counsel , Popular , Section 7

Following the Recent Regulatory Trends, NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the...

On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more

11/17/2022 / Artificial Intelligence , Electronic Monitoring , Employee Monitoring , Employee Rights , Employee Tracking , Employer Liability Issues , NLRA , NLRB , NLRB General Counsel , Popular , Section 7

NLRB General Counsel Jennifer A. Abruzzo Issues “Mandatory Submissions to Advice” and “Utilization of Section 10(j) Proceedings”...

On August 12, 2021, Jennifer A. Abruzzo issued her first memorandum as newly sworn National Labor Relations Board (“NLRB” or “Board”) General Counsel. The memo, Mandatory Submissions to Advice, Memorandum GC 21-04 (“GC Memo...more

8/23/2021 / Collective Bargaining Agreements (CBA) , NLRA , NLRB , NLRB General Counsel , Section 7 , Unfair Labor Practices , Unions

NLRB’s Division of Advice Concludes That Employee’s COVID-19 Policy Complaints Are Not Protected Concerted Activity

On June 15, 2021, the Office of General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released an Advice Memorandum, explaining that an Illinois pub did not commit an unfair labor practice when it fired an...more

6/25/2021 / Coronavirus/COVID-19 , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Section 7 , Unions

NLRB General Counsel Reveals Intent to Expand Section 7 Protections

On March 30, 2021, the Office of General Counsel of the National Labor Relation Board (“NLRB” or “Board”) released an Obama-era Advice Memorandum, originally prepared in 2016, opining that racially charged comments were...more

4/28/2021 / Employee Rights , NLRA , NLRB , NLRB General Counsel , Protected Concerted Activity , Section 7 , Unions

NLRB Reverses Position on Confidentiality Concerning Workplace Investigations – Holds That Confidentiality Requirements Are...

The National Labor Relations Board, in its December 17th decision in Apogee Retail LLC d/b/a Unique Thrift Store, has reversed its prior rule and held that employer requirements that employees treat workplace investigations...more

12/24/2019 / Banner Estrella Medical Center , Boeing , Civil Rights Act , Complaint Procedures , Confidentiality Policies , Employer Liability Issues , Employment Policies , Labor Law Violations , Labor Regulations , New Guidance , NLRA , NLRB , Policies and Procedures , Section 7 , Sex Discrimination , Sexual Harassment , Title VII , Unduly Burdensome , Workplace Investigations

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more

1/18/2013 / Administrative Law Judge (ALJ) , Confidentiality Agreements , Employee Handbooks , Employment Contract , Employment Policies , NLRA , NLRB , Non-Disclosure Agreement , Non-Disparagement Provisions , Section 7

Steven Swirsky

Epstein Becker & Green

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