NLRB, Employer Liability Issues, Popular

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on 8/26/2024

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

2024 Employment Law Updates: Discussing FTC, NLRB, and Pay Equity Matters

DarrowEverett LLP on 8/7/2024

As we move into the latter half of 2024, several notable changes are shaking up employment law across the U.S. The Federal Trade Commission (FTC) is preparing to enforce a new rule banning most noncompete agreements starting...more

A Comprehensive Update on Recent Federal and State Efforts to Limit the Use of Employee Non-Compete Agreements

Kilpatrick on 2/21/2024

Federal and state efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year. As Kilpatrick’s labor and employment team has written about previously,...more

Spotlight on the NLRB – 2023 Popular Reads on JD Supra

Beacon Insights by JD Supra on 12/19/2023

A recap of some of the most widely read NLRB-focused updates, analysis, and commentary published on JD Supra throughout 2023....more

Historic NLRB Decision Changes When Employers Must Recognize and Bargain with Unions

Stevens & Lee on 8/25/2023

In a monumental sea change, on August 25, 2023, the National Labor Relations Board (NLRB) issued a decision in Cemex Construction Materials Pacific, LLC announcing a new rule for deciding when employers must bargain with...more

NLRB GC clarifies legality of non-disparagement and confidentiality clauses in severance agreements

Hogan Lovells on 3/27/2023

Following the National Labor Relations Board’s (NLRB or Board) recent decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), on March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued a memorandum...more

NLRB General Counsel Releases Memo Concerning Confidentiality and Non-Disparagement Clauses in Severance Agreements Post-McLaren

Sheppard Mullin Richter & Hampton LLP on 3/23/2023

On March 22, 2023 Jennifer Abruzzo, General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or the “Board”) issued a memorandum intended to assist the Regions in responding to inquiries regarding the Board...more

NLRB Establishes New Restrictions on Severance Agreements

Ballard Spahr LLP on 2/22/2023

The National Labor Relations Board (NLRB) has ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act when the employer uses employee severance agreements with provisions restricting employees’...more

The National Labor Relations Board 2022 Year In Review

McNees Wallace & Nurick LLC on 2/2/2023

2022 was a great year for U.S. labor unions and employees, but not so much for U.S. employers. The Biden National Labor Relations Board (NLRB) dug in and got to work, reversing precedent and charting a course to reinterpret...more

Board Limits Ability to Prohibit Labor Protests

Ballard Spahr LLP on 12/20/2022

For the second time in less than a week, the National Labor Relations Board has thrown out a Trump-era standard and reinstated Obama-era rules favorable to labor unions. In Bexar County Performing Arts Center Foundation,...more

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

Epstein Becker & Green on 11/21/2022

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

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

Epstein Becker & Green on 11/17/2022

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

OFCCP Week In Review: September 2022

DirectEmployers Association on 9/6/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on 1/31/2022

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

Snapshot on Manufacturing Industry: January 2022

Fisher Phillips on 1/6/2022

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. Is COVID-19 a...more

Top 10 Workplace Law Predictions for 2022

Fisher Phillips on 1/4/2022

Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

Happy Thanksgiving! 7 Things for Which We Are Thankful – 2020 Edition

Bradley Arant Boult Cummings LLP on 11/25/2020

Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can...more

Protecting The Employer’s Internal Personnel Information After The Boeing Co.

Littler on 8/21/2020

Employees have a broad legal right to communicate with one another about wages, benefits, and other employment terms. To effectuate this broad right, the National Labor Relations Board has required employers to exclude such...more

NLRB Division of Advice Dishes Some Guidance With Respect to COVID-Related ULP Charges

Proskauer - Labor Relations Update on 8/18/2020

The pandemic has thrown a number of obstacles at employers and employees as everyone attempts to navigate a novel situation. On August 13, 2020, the National Labor Relations Board (“NLRB”) Division of Advice (“Advice”), the...more

NJ DOL Bills Uber $650M for Misclassified Drivers

Ballard Spahr LLP on 11/20/2019

The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

California Attempts to Weed Out Unfair Labor Practices at the State Level by Enacting Union-Friendly Regulation on Employers in...

FordHarrison on 11/18/2019

As the cannabis industry has rapidly progressed over the years, states such as New York, New Jersey and Illinois have begun to implement legislation that encourages employers to engage in labor peace agreements with unions....more

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