News & Analysis as of September 24, 2024

Retroactive Application

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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 -

Handbooks and Policies - Time to Revise Them After NLRB Ruling, or Another Pendulum Swing?

Lathrop GPM on 8/31/2023

The answer after the Stericycle ruling is likely “both.” As the composition of the NLRB (National Labor Relations Board) changes, the roller coaster continues, making it difficult for businesses – whether private,...more

NLRB Sets New Standard for Evaluating Workplace Rules

Venable LLP on 8/29/2023

On August 2, 2023, the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023), which creates a new standard for evaluating whether a company's workplace rules violate the National...more

NLRB’s New Work Rules Standard Skews in Favor of Employees and Unions

Miles & Stockbridge P.C. on 8/16/2023

On Aug. 2, the National Labor Relations Board (NLRB) set a new standard to evaluate facially neutral work rules in union and nonunionized workplaces when it issued a much-anticipated decision in Stericycle, Inc., 372 NLRB No....more

NLRB Returns to Decades-Old Standards for Assessing Employee Misconduct at Work

Miles & Stockbridge P.C. on 5/3/2023

The National Labor Relations Board has reverted to decades-old standards for assessing whether employee misconduct during the course of protected activity should be protected under federal labor law. The Board’s move will...more

NLRB Decision Restricting Broad Confidentiality/Non-Disparagement Clauses Applies Retroactively

Holland & Knight LLP on 4/6/2023

The National Labor Relations Board (NLRB or Board) on Feb. 21, 2023, issued the McLaren Macomb decision (372 NLRB No. 580) significantly restricting an employer's right to proffer to employees severance agreements that...more

NLRB Issues Post-McLaren Guidance Providing Some Clarity but Little Comfort

WilmerHale on 3/29/2023

On March 22, 2023, the NLRB's General Counsel issued a Memorandum (the “Memo”) providing guidance on the scope and effect of the National Labor Relations Board’s (the “NLRB”) decision in McLaren Macomb, which found overbroad...more

The NLRB’s General Counsel Seeks Further Restrictions on Confidentiality and ‎Non-Disparagement Provisions in Severance Agreements

Locke Lord LLP on 3/27/2023

Following the recent decision in the matter of McLaren Macomb, the National Labor Relations Board’s (“NLRB”) General Counsel, Jennifer Abruzzo (“GC Abruzzo”), issued a memo detailing her view of confidentiality and...more

GC Memo 23-05: General Counsel Issues Guidance on the NLRB's Recent Decision on Non-Disparagement and Confidentiality of Agreement...

FordHarrison on 3/23/2023

Executive Summary: As discussed in our February 23, 2023 Legal Alert, the National Labor Relations Board (NLRB or Board) recently held in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the...more

Decision Scrutinizing Use of Nondisparagement, Confidentiality Provisions Applies Retroactively and Potentially to Supervisors,...

Polsinelli on 3/23/2023

On March 22, 2023, the General Counsel of the National Labor Relations Board (the “Board”) issued a memorandum purporting to provide guidance in response to inquiries about the Board’s February 2023 decision in McLaren Macomb...more

NLRB General Counsel Says Confidentiality, Nondisparagement Clause Decision Applies Retroactively

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/23/2023

On March 22, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memorandum clarifying the Board’s February 2023 decision that nondisparagement and confidentiality provisions in...more

NLRB Upends Context-Specific Tests for Profane Conduct, Folding Such Discipline Into Traditional Motivation Tests For Evaluating...

Proskauer - Labor Relations Update on 7/23/2020

In another long-anticipated decision, on July 21, 2020, in General Motors LLC, 369 NLRB No. 127 (2020), the Board replaced three context-specific rules for determining whether certain abusive conduct committed by employees is...more

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National Labor Relations Board › Employer Liability Issues › Retroactive Application

Handbooks and Policies - Time to Revise Them After NLRB Ruling, or Another Pendulum Swing?

NLRB Sets New Standard for Evaluating Workplace Rules

NLRB’s New Work Rules Standard Skews in Favor of Employees and Unions

NLRB Returns to Decades-Old Standards for Assessing Employee Misconduct at Work

NLRB Decision Restricting Broad Confidentiality/Non-Disparagement Clauses Applies Retroactively

NLRB Issues Post-McLaren Guidance Providing Some Clarity but Little Comfort

The NLRB’s General Counsel Seeks Further Restrictions on Confidentiality and ‎Non-Disparagement Provisions in Severance Agreements

GC Memo 23-05: General Counsel Issues Guidance on the NLRB's Recent Decision on Non-Disparagement and Confidentiality of Agreement...

Decision Scrutinizing Use of Nondisparagement, Confidentiality Provisions Applies Retroactively and Potentially to Supervisors,...

NLRB General Counsel Says Confidentiality, Nondisparagement Clause Decision Applies Retroactively

NLRB Upends Context-Specific Tests for Profane Conduct, Folding Such Discipline Into Traditional Motivation Tests For Evaluating...

Employment Flash - December 2019

NLRB Dumps Longstanding “Clear and Unmistakable Waiver” Standard for More Employer-Friendly “Contract Coverage” Test

What’s the Deal with Employee Handbook Rules?

National Labor Relations Board › Employer Liability Issues › Retroactive Application

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