News & Analysis as of September 19, 2024

Employer Liability Issues

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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 -

NLRB Targets Noncompetes at Union and Nonunion Companies

McDermott Will & Emery on 6/13/2023

In Memorandum GC 23-08 (Memo), Jennifer A. Abruzzo, General Counsel of the National Labor Relations Board (NLRB), announced that her office would target for prosecution both union and nonunion employers for offering,...more

There’s a New Remedy in Town: NLRB Adds Consequential Damages as a Remedy for Unfair Labor Practices

Venable LLP on 12/23/2022

On December 13, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or the Board) added consequential damages as a “make-whole” remedy for unfair labor practices, expanding the relief available to workers....more

Employment Flash - September 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 9/26/2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday...

Sheppard Mullin Richter & Hampton LLP on 6/6/2019

Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 7/10/2018

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 have been an unprecedented number of changes for the past few years—and this past month...more

“Civil” War At The Workplace: Enforcing Civility Rules In Light Of Federal Roadblocks

Fisher Phillips on 7/10/2017

Almost everyone would agree they prefer to work in a civil and respectful environment. Because of this, many employers have developed policies and training sessions to promote civil and respectful behavior in the workplace....more

The NLRB Battle Continues Against Even the Most Basic of Employee Rules

BakerHostetler on 5/28/2014

The war on reason being waged by the National Labor Relations Board and its Administrative Law Judges against primarily non-union employers continues. From the decisions appearing almost weekly, it seems that a design exists...more

NLRB Discounts Use of Handbook Disclaimers to Avoid Interference Claims

Parker Poe Adams & Bernstein LLP on 5/5/2014

Over the past year, EmployNews has reported a growing series of decisions by the National Labor Relations Board calling into question the use of common employee handbook policies by non-unionized employers. These decisions...more

An NLRB at Full Strength Means Problems for Non-Union Employers

Winstead PC on 8/5/2013

Earlier last week, the Senate confirmed the President’s nominations to the National Labor Relations Board (“NLRB”). For the first time in over 10 years, the NLRB now has a full complement of five members. ...more

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