News & Analysis as of September 24, 2024

National Labor Relations Board › Employer Responsibilities

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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 -

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

Frantz Ward LLP on 7/22/2024

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

The Learned Concierge - December 2023, Vol. 3

Clark Hill PLC on 12/12/2023

Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Employers Take Notice: OSHA and NLRB Join Forces for Workplace Safety Investigations

Baker Donelson on 11/15/2023

On Tuesday, October 31, 2023, the Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board (NLRB) published a Memorandum of Understanding (2023 MOU) to facilitate interagency cooperation and...more

NLRB Weakens Secret-Ballot Elections in Union Campaigns, Increasing Unionization Perils

K&L Gates LLP on 9/6/2023

On 25 August 2023, the Cemex decision by the National Labor Relations Board (NLRB or Board) upended 52 years of Board law that had previously enshrined the secret-ballot election as the default method for union certification....more

Breakin’ the Rules: NRLB Decision on Work Rules

Clark Hill PLC on 8/15/2023

On Aug. 2, the National Labor Relations Board (NLRB or the “Board”) issued its much-awaited decision on handbooks and work rules in Stericycle, 372 NLRB No. 113 (2023). The new and very revised standard will make it more...more

Employee Handbooks Should Be Reviewed Under New NLRB Ruling

Saul Ewing LLP on 8/9/2023

Since 2017, employers have been able to rely on The Boeing Company, 365 NLRB No. 154 (2017) (“Boeing”), for relatively clear guidance on the lawfulness of their work rules (including employee handbook policies and manuals)....more

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Labor & Employment Update

Clark Hill PLC on 8/8/2023

Federal Agencies and lawmakers will continue to be very active throughout 2023. Here are our top 5 tips for companies as we enter the second half of 2023....more

Can You Discipline Employees for Workplace Outbursts? NLRB Says It Depends on the Setting

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/13/2023

Imagine that an employee in a workplace meeting stands up, and in a profanity-laced tirade, calls the manager in the meeting several names not fit for print. Most employers would immediately discipline, if not fire, that...more

NLRB New Rule Affects How All Employers Should Approach Severance Agreements and Other Employment Contracts

Carlton Fields on 2/23/2023

On February 21, 2023, in McLaren Macomb, No. 07–CA–263041, the National Labor Relations Board held that confidentiality and nondisparagement provisions are prohibited in severance agreements where they purport to limit an...more

New NLRB Ruling in T-Mobile, Inc. Takes Aim at Employee Action Committees

Frantz Ward LLP on 2/9/2023

Employers often rely on employee committees to enhance employee engagement and gain valuable insight regarding areas of group concern, but a new NLRB ruling in T-Mobile, Inc. teaches employers that if they are not managed...more

US Regional Employment 2020: Alabama - Chambers USA Regional Practice Guide

Bradley Arant Boult Cummings LLP on 10/22/2020

Law and Practice - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on...more

In the COVID-19 Era, What Does Face-to-Face Collective Bargaining Mean?

Davis Wright Tremaine LLP on 9/14/2020

I've bargained "virtually" several times, had pre-hearing conference calls via Zoom, and have had an arbitration by Zoom. My clients have mixed feelings about those experiences. Virtual bargaining has been particularly...more

Increased Union Activity in the COVID-19 Era

BakerHostetler on 9/3/2020

With the COVID-19 pandemic continuing to dominate headlines and potential surges expected this fall and winter, safety issues are at the forefront of many employees’ minds. These issues encompass an array of subjects,...more

Question & Answer Employer Guide: Return to Work in the Time of COVID-19 (Updated)

Faegre Drinker Biddle & Reath LLP on 6/4/2020

As government authorities look to implement business reopening measures, employers are now planning to move employees back into the workplace as state and local stay-at-home orders expire and other COVID-19 business...more

As Businesses Return to Work, Beware of Whistleblower Claims

Parker Poe Adams & Bernstein LLP on 5/29/2020

Many employers have received employee concerns about potential exposure to the coronavirus in the workplace. Employees may express their general reluctance to return to the workplace or may ask why an employer is not...more

The Duty to Bargain When Reopening

Cozen O'Connor on 5/29/2020

Our May 4, 2020 blog – Employers With Unionized Workforces Need to be Prepared – discussed how employers with collective bargaining agreements (CBA) should start preparing for a union’s response to the Coronavirus (COVID-19)....more

Can Employees Refuse to Return to Work Because of COVID-19?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/28/2020

Parts of the country have begun the process of returning to work, in places where COVID-19 infection rates have flattened or shown a decline. But the risk of becoming infected with COVID-19 remains, and some employers may be...more

Employers With Unionized Workforces Need to be Prepared

Cozen O'Connor on 5/6/2020

With Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara counties beginning to loosen restrictions on the operation of certain businesses operating primarily outdoors, including resuming construction,...more

NLRA Rules Still Apply

Miles & Stockbridge P.C. on 4/22/2020

Employees concerned about the coronavirus and its impact on their health and that of their family members have been speaking out in the workplace, on social media and in the press. Employees have been raising issues such as...more

UPDATE - Labor Management Issues During the COVID-19 Crisis

Steptoe & Johnson PLLC on 3/27/2020

On March 25, the Senate passed a bill over 800 pages in length that provides approximately two trillion dollars in stimulus money. In large part, the bill has been described as an essential aid to businesses in distress...more

Beltway Buzz - March 2020 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2020

COVID-19 Update. Set forth below is a quick roundup of policy developments and implications concerning the COVID-19 virus. ...more

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National Labor Relations Board › Employer Responsibilities

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