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Employer Liability Issues Policy Memorandums

Lathrop GPM

Piling On - NLRB General Counsel Joins the Crusade Against Noncompete Agreements

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In a memorandum released on May 30, 2023, the National Labor Relations Board (“NRLB”) General Counsel opined that noncompete agreements may violate the federal National Labor Relations Act (“NLRA”). In doing so, the General...more

BCLP

Under-Reasoned Overreach: The NLRB General Counsel’s Opinion on Employee Noncompetes

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On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum in which she opined that nearly all noncompetition agreements with employees violate the National Labor Relations...more

BakerHostetler

A New Front in the Noncompete Wars: NLRB’s General Counsel Claims Noncompete Agreements Violate the Labor Act

BakerHostetler on

The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in employment...more

Brooks Pierce

NLRB Releases Guidance Restricting Confidentiality and Non-Disparagement Provisions in Severance Agreements

Brooks Pierce on

On March 22, 2023, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum attempting to clarify the NLRB’s recent decision in McLaren Macomb that employers violate the National Labor Relations...more

Venable LLP

Recent DOJ Memo on Corporate Criminal Enforcement Highlights Critical Considerations for Employers

Venable LLP on

On September 15, 2022, the Department of Justice (DOJ) released a long-anticipated memo announcing changes to its corporate criminal enforcement policies (Memo). The Memo contains helpful guidance for employers, outlining...more

Fox Rothschild LLP

Practical Advice from Employment Litigators in the Trenches

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Last week, my colleagues and I presented a webinar entitled “Employer Update: Practical Advice from Employment Litigators in the Trenches”. In this second episode of our summer webinar series, we provided practical guidance...more

Littler

NLRB General Counsel Continues Push for Extraordinary Remedies

Littler on

On June 23, 2022, National Labor Relations Board General Counsel Jennifer Abruzzo released Memorandum GC 22-06, relating to her efforts “to secure full remedies” in settlements with the Board.  This follows on her prior...more

Obermayer Rebmann Maxwell & Hippel LLP

The NLRB and Congress Move to Protect Union Organizing and Employees through Enhanced Remedies for Both and Increased Penalties...

On September 8, 2021, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo created quite a stir when she issued a memorandum (GC 21-06) (“Memo”) bearing the subject line “Seeking Full Remedies.” The Memo...more

Benesch

NLRB Chief Counsel Seeks New Penalties for Labor Law Violations

Benesch on

With a newly minted Democratic majority on the National Labor Relations Board (“NLRB”), the General Counsel of the NLRB, who directs enforcement of federal labor law, has ordered her staff to seek broad remedies - many of...more

Foley & Lardner LLP

Entrepreneurial Opportunity and Control - Two Sides of the Same Coin?

Foley & Lardner LLP on

The National Labor Relations Board (NLRB) has once again weighed in on the proverbial employee-independent contractor issue, this time by way of its General Counsel. On April 16, 2019, the General Counsel’s office issued an...more

Obermayer Rebmann Maxwell & Hippel LLP

UBER Update: NLRB Advice Memo Reaffirms the “Entrepreneurial Opportunity” Test for Independent Contractors

The “gig economy” has prompted a nationwide debate about which workers should be deemed employees (and therefore entitled to certain rights and benefits under labor and employment laws) as opposed to independent contractors. ...more

Laner Muchin, Ltd.

NLRB General Counsel’s Conclusion That Uber Drivers Are Independent Contractors Continues Trend That “Gig Economy” Workers Are Not...

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Earlier this month the National Labor Relations Board (NLRB) released an Advice Memorandum dated April 16, 2019, which took the position that Uber drivers are independent contractors, and thus, not covered by the National...more

Proskauer - Labor Relations Update

Employer’s Litigation Hold Not Unlawful, NLRB Division of Advice Concludes

Last year about this time, the NLRB changed the standard for reviewing handbook rules. The new standard takes into consideration the fact there are many other interests other than the NLRA at play in a workplace, and seems to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Immigration Insights: Need-To-Know Updates for Employers

In this episode, Jamie Dietz and Tina Ho discuss the current business immigration landscape, from recent guidance and policy memos to practical insights for employers on understanding and preparing for this constantly...more

McNees Wallace & Nurick LLC

OSHA Changes Position on Safety Incentive Programs and Post-Accident Drug Testing

The Occupational Safety and Health Administration (OSHA) has rolled back Obama-era guidance on safety incentive programs and post-accident drug testing. ...more

Littler

New USCIS Policy Memo and Efforts to Combat Fraud in the H-1B Visa Program

Littler on

Starting October 1, 2018, the United States Citizenship and Immigration Services (USCIS) will begin implementing its June 28, 2018 policy memorandum to prioritize the removal of foreign nationals from the United States on the...more

Mintz - Immigration Viewpoints

8 Best Practices for Managing U.S. Immigration Compliance in 2018 (Part 1 of 5)

In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the first installment in the series. ...more

Proskauer Rose LLP

The USCIS "NTA" and "RFE" Memos: Continue Doing Business But Tread Carefully

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Beginning shortly before President Trump issued his Buy American Hire American executive order in April 2017, United States Citizenship and Immigration Services (USCIS), the agency within the Department of Homeland Security...more

Seyfarth Shaw LLP

OSHA Enforcement Memo for Crystalline Silica Standard in General Industry and Maritime

Seyfarth Shaw LLP on

OSHA has just released a Memorandum on the Enforcement Launch for the Respirable Crystalline Silica Standard in General Industry and Maritime rules....more

Bradley Arant Boult Cummings LLP

Well, He Wrote Me a Letter: USCIS Provides Update on Initiatives under the “Buy American and Hire American” Executive Order

In April 2017, three months after taking office, President Trump signed the “Buy American and Hire American” Executive Order, which confirmed that his administration would be taking a tough stance on business immigration,...more

Fisher Phillips

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

Cozen O'Connor

I-23- Stunning End-Of-Year NLRB Developments: An Extensive Interview With Former NLRB Associate General Counsel Barry Kearney

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Thought 2017 would end quietly? The month of December has seen several stunning decisions by the NLRB which impact Obama-era precedent, and which will impact employers and employees going forward in 2018. Joining this episode...more

Fisher Phillips

Feds Say Title VII Doesn't Cover Transgender Workers

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Attorney General Jeff Sessions formally reversed the federal government’s position on whether transgender workers are covered by Title VII of the Civil Rights Act, informing all U.S. Attorneys and heads of all federal...more

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