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NLRB Adopts New Union-Friendly Recognition Standard

On August 25, 2023, the National Labor Relations Board (NLRB) adopted a new standard for union representation that requires an employer to recognize and bargain with a union that has demonstrated majority status unless the...more

NLRB General Counsel Says Noncompete Agreements Violate Federal Labor Law

The National Labor Relations Board (NLRB) General Counsel (GC) issued a memorandum on May 30, 2023, declaring her opinion that the “proffer, maintenance, and enforcement” of noncompete agreements in employment contracts and...more

NLRB Holds Confidentiality, Nondisparagement Provisions Illegal in Severance Agreements Presented to Section 7 Employees

Employers routinely include terms in severance agreements: (1) requiring the fact and contents of the agreement, including the amount of severance, be kept confidential by the signing employee; and (2) prohibiting the signing...more

New Arizona Law on Union Benefits and Financial Disclosure Obligations Set to Take Effect

In May 2021, the Arizona Legislature passed and Governor Doug Ducey signed Senate Bill (SB) 1268, which imposes stricter reporting requirements on private-sector labor unions by requiring “similar fiduciary guidelines as...more

NLRB General Counsel Issues Memo on Notice-Posting Requirement

On May 20, 2020, National Labor Relations Board (NLRB) General Counsel Peter Robb issued new guidance in Memorandum G.C. 20-06 regarding the NLRB’s remedial notice posting requirements. Effective immediately, the 60-day...more

NLRB Rules Against Telephonic R-Hearings Where Witnesses Will Testify

On April 1, 2020, we explained that the National Labor Relations Board (NLRB) would resume processing representation cases on April 6, 2020. Since then, NLRB regional offices have been scheduling and conducting telephonic...more

NLRB Delays Effective Date of ‘Election Protection’ Final Rule

On March 31, 2020, the National Labor Relations Board (NLRB) announced that it had finalized a series of amendments to its blocking-charge policy, voluntary recognition bar, and rules governing Section 9(a) recognition in the...more

4/10/2020  /  Effective Date , NLRB , Union Elections , Unions

NLRB Finalizes Rules on Blocking Charges, Voluntary Recognition, and Section 9(a) Recognition

On August 9, 2019, we explained that the National Labor Relations Board (NLRB) would be publishing a notice of proposed rulemaking (NPRM) regarding certain proposed amendments to the National Labor Relations Board’s (NLRB)...more

4/2/2020  /  Final Rules , NLRB , Union Elections , Unions

The Employment Law Authority - January/ February 2018

Between September 26, 2017, when for the first time in nearly a decade Republicans controlled the majority at the National Labor Relations Board (NLRB), and December 16, 2017, when Chairman Philip Miscimarra’s term expired...more

New Arizona Laws Seek to Clarify Independent Contractor Status

Arizona’s new Declaration of Independent Business Status (DIBS) law went into effect on August 6, 2016. Arizona employers can now clarify their relationships with independent contractors under certain circumstances. For...more

The Employment Law Authority - January/February 2015

In This Issue: - High Tech, High Risk: Protecting Health Plan Data: Recent Cyber Attack Reminds Employers to Take Swift Action - EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers? - State...more

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