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National Labor Relations Board Employer Liability Issues Employment Policies

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Littler

Dear Littler: What Are Some Considerations Before Implementing Our Return-to-Office Policy?

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Dear Littler, We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain...more

Husch Blackwell LLP

The Labor Law Insider: Whistleblower Breaks Details of NLRB Mail Ballot Election Abuse

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The Labor Law Insider is excited to share this episode, an exclusive interview with Rebecca Dormon, former assistant regional director of the National Labor Relations Board (NLRB) Region 15, as she shares her story for the...more

Sheppard Mullin Richter & Hampton LLP

NLRB Will No Longer Approve Employer Proposed Consent Orders

As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and...more

Fisher Phillips

Illinois Joins Trend to Ban “Captive Audience” Meetings: 5 Steps Employers Can Take to Comply

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Illinois just became the latest state to ban employers from holding mandatory meetings with employees concerning religious or political matters, including discussions on union representation. Such employer-sponsored meetings,...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Dentons

Yeah...No: Five Benefits of Being a Midwestern Manager

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Every region has its stereotypes, but here in Iowa, we lean into the Midwest image: polite, pragmatic, team-oriented (think barn raising), and stubborn as dirt, all qualities that can serve you well as a manager....more

Frantz Ward LLP

Not-So-Friendly Reminders from the NLRB to Review Your Severance Agreements and Employee Handbooks

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Recent decisions and settlements from the National Labor Relations Board should serve as a not-so-friendly reminder to ensure that your severance agreements and employee handbooks do not run afoul of the National Labor...more

Seyfarth Shaw LLP

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

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An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

BakerHostetler

Employee Handbooks Remain Under Board Attack

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During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

Ballard Spahr LLP

Supreme Court Heightens Relief Standard For NLRB To Obtain 10(j) Injunctions

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A unanimous decision from the United States Supreme Court, issued on June 13, 2024, settles the split among the circuit courts concerning the factors to be considered by a court in considering a request by the National Labor...more

Manatt, Phelps & Phillips, LLP

NLRB, First Circuit Consider Black Lives Matter Items in the Workplace

Both the National Labor Relations Board (NLRB) and the First U.S. Circuit Court of Appeals weighed in on employees wearing Black Lives Matter items while at work, with the Board siding with the employee and the federal...more

Husch Blackwell LLP

The Labor Law Insider: (Scary) Real Life Scenarios – Practical Application, Part II

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Labor Law Insider host Tom Godar continues his engaging conversation with Insiders Mary-Ann Czak and Terry Potter as they assess the challenges employers face from numerous recent policy reversals offered by the National...more

Husch Blackwell LLP

The Labor Law Insider: (Scary) Real Life Scenarios – Practical Application, Part I

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Labor Law Insider host Tom Godar challenges his guests, Mary-Ann Czak and Terry Potter, with real-life scenarios gathered from client interactions over the past several months. These scenarios help highlight the fundamental...more

Fisher Phillips

Workplace Law Update: 12 Essential Items on Your May To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

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Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more

Seyfarth Shaw LLP

NLRB General Counsel’s Expansion Of Remedies Could Pose New Liabilities And Headaches For Employers Who Simply Enforce Their...

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On April 8, 2024, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 24-04, which builds on previous GC memoranda from 2021 and 2022 where General Counsel Abruzzo announced her...more

Frantz Ward LLP

The NLRB at It Again: The Importance of Ensuring You Have Updated Employment Policies

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Recently, the National Labor Relations Board (“NLRB”) announced a settlement it “secured” which required a company to rescind certain work rules and pay two discharged employees $297,000. Of note, the workers were not...more

Parker Poe Adams & Bernstein LLP

Managers Not Protected by NLRA Concerted Activity Rules

Over the past few years, the National Labor Relations Board has taken aggressive measures to extend labor law protections to some non-unionized employees. These decisions have involved employer policies restricting social...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 12: Understanding Unions with Patrick Wilson, Maynard Nexsen Attorney...

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In this two-part series, Maynard Nexsen labor & employment attorney Pat Wilson joins hosts Tina and Christy to discuss what employers should understand about unions and how they can address them. In this episode, we have a...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

DarrowEverett LLP

Amid Shifting Policies, Employee Handbooks Can’t Be Static Manuals

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As we’ve said before, one of the easiest and least expensive tools for businesses to reduce liability and insulate from (at least some) risk, is often the one most frequently overlooked. Creating, promulgating, and most...more

Kohrman Jackson & Krantz LLP

A Lesson in Employee Rights: NLRB Ruling Against Home Depot’s Dress Code Enforcement

The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc....more

Perkins Coie

Labor Law Today—2023 Year in Review

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In 2023, the National Labor Relations Board (the NLRB or Board) continued to expand employee rights and protections in the workplace. The new regulations included limiting employers’ contract rights in relation to severance...more

Arnall Golden Gregory LLP

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters...more

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