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The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv, Part II [Audio]

Labor Law Insiders Trecia Moore, Megann McManus, and Terry Potter continue their discussion with Labor Law Insider host Tom Godar regarding remedies the National Labor Relations Board is trying to impose for unfair labor...more

The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv [Audio]

Labor Law Insider host Tom Godar engages in a lively discussion with guests Trecia Moore, Megann McManus, and Terry Potter regarding remedies in matters involving unfair labor practice charges. The centerpiece of our...more

NLRB Provides Employees Extra Leeway to Use Offensive Language

On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers and United Steelworkers, making it more difficult for employers to discipline employees for outbursts and similar misconduct...more

The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel... [Audio]

In the second installment of this two-part Labor Law Insider podcast, attorneys Terry Potter and Tom O’Day join host Tom Godar to discuss the impact of the National Labor Relations Board decision of McLaren Macomb, as well as...more

The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel... [Audio]

The Labor Law Insider invites two experienced counsel, attorneys Terry Potter and Tom O’Day, to explore the implications of the National Labor Relations Board’s decision in McLaren Macomb, issued in late February, as well as...more

NLRB May Soon Expand Jurisdiction Over Educational Institutions with Religious Affiliations

It is not often that the National Labor Relations Board (the “Board”) gives employers a heads-up before it makes broad, and often burdensome, changes, but a recently issued ALJ decision might be the exception to the rule....more

NLRB Prohibits Confidentiality and Non-Disparagement Provisions in Severance Agreements (and Handbooks and Other Work Rules?)

On February 21, 2023, the National Labor Relations Board (NLRB) ruled that employers covered by the National Labor Relations Act violate Section 8(a)(1) of the Act by merely offering certain confidentiality and...more

The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices, Part III [Audio]

Part III of the Labor Law Insider discussing new and harsher remedies by the National Labor Relations Board reviews the latest General Counsel memorandum highlighting the scope of these new remedies. In addition, Labor Law...more

The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices, Part II [Audio]

In Part II of their conversation on unfair labor practice remedies, Husch Blackwell's Labor Law Insiders Tom Godar, Terry Potter, Adam Doerr and Rufino Gaytán review the National Labor Relations Board’s more aggressive...more

The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices [Audio]

Husch Blackwell's Labor Law Insiders, Thomas Godar, Terry Potter, Rufino Gaytán and Adam Doerr offer context to recent NLRB memoranda, including background to NLRB remedies. The panelists contrast the historical reach of NLRB...more

NLRB Decision To Reconsider Johnnie’s Poultry Doctrine Remains Pending

Earlier this spring, in a 3-1 vote, the Board issued a notice and solicited briefs on whether to reconsider Johnnie’s Poultry doctrine (doctrine), which was established in the 1964 Board decision, Johnnie’s Poultry Co. The...more

Funny You Should Ask: Is A Vaccine Mandate Subject Of Bargaining?

1. I have a unionized workforce. Do I need to bargain before mandating that my employees are Covid vaccinated before reporting to work? With the CDC largely ending mask requirements for those who are Covid vaccinated,...more

Ninth Circuit Construes Secondary Picketing In Context Of Shared Job Site

It’s become increasingly common for businesses to subcontract workers to perform jobs at a location that is shared with the business or other neutral third parties. When picketing at common job sites shared by the employees...more

The PRO Act – A Wish List For Revival Of Unions

The Protecting the Right to Organize (PRO Act) (H.R. 842) is a sweeping effort to amend longstanding labor laws to facilitate union and employee organizing efforts. The union-friendly legislation would make the most...more

The Nine Lives Of Scabby The Rat

The saga of Scabby the Rat continues with the transition of the Biden administration and the recent unceremonious ouster of now-former General Counsel Robb. The debate focuses on whether the presence of Scabby, the large...more

Understanding Employers’ Right To Impose Limits On Political Activities In The Workplace

As the 2020 general election approaches with many employees working remotely and participating on social media platforms, employers can anticipate that employees will engage in political speech and activity in the workplace....more

Long Awaited – Abusive Conduct Is Not Protected Activity

On July 21, 2020, the NLRB released the decision General Motors LLC and Charles Robinson (GM) which is significant not only for its substance but for its timing. The GM decision held that abusive conduct and speech is not...more

NLRB Decisions Restore Employers’ Right To Use Work Rules To Control Workplace

During the last half of May 2020, the National Labor Relations Board (Board) issued four decisions upholding the legality of employer facially neutral work rules. Two of the decisions applied the Boeing standard to assess the...more

Labor Relations Issues And COVID-19: Avoiding NLRA Violations Through Proactive Measures

COVID-19 presents a formidable health and safety challenge to employers, and unionized employers also must address issues in the context of their obligations under the National Labor Relations Act (NLRA) and a collective...more

NLRB Expands Employers’ Right To Exclude Nonemployee Union Solicitations On Private Property

On September 6, 2019, the NLRB (Board) issued the decision, Kroger Limited Partnership I Mid-Atlantic and United Food and Commercial Workers Union 400 (Kroger decision), which overruled Sandusky Mall Co., and limited the...more

Repeated Strikes In Furtherance Of Common Goal Defeats Protected Status For Strikers

Key Points- Direct evidence of a plan to engage in repeated strikes to achieve a common goal establishes that such strikes are unprotected, intermittent strikes. Only in the absence of direct evidence will the Board...more

NLRB Poised To Exterminate The Cat And Rat, According To NLRB Advice Memo

On May 17, 2019, the Office of the General Counsel (GC) released an advice memorandum dated December 20, 2018 signaling the National Labor Relations Board’s (Board) intent to continue to overturn precedent. The advice memo...more

Good News For Employers – Resetting The Standard For Protected Concerted Activity Under The National Labor Relations Act

Although the National Labor Relations Act was initially established to assist unions in organizing employees, its scope is much broader as it also protects employees’ rights to engage in “protected concerted activity.” The...more

The Perfect Storm – The NLRB, Healthcare Staffing Issues, And A Letter To The Editor

Those involved in the world of healthcare cannot escape the ongoing debate regarding staffing levels at healthcare facilities. Main Coast Memorial Hospital recently became an unwitting focal point for this discussion....more

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