NLRB, Policy Memorandums, Unfair Labor Practices

Under-Reasoned Overreach: The NLRB General Counsel’s Opinion on Employee Noncompetes

BCLP on 6/6/2023

On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum in which she opined that nearly all noncompetition agreements with employees violate the National Labor Relations...more

The Practical NLRB Advisor: Summer 2022

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/1/2022

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Summer 2022 issue of the Practical NLRB Advisor. In this issue, the Advisor takes a small departure from our usual...more

NLRB General Counsel Continues Push for Extraordinary Remedies

Littler on 6/28/2022

On June 23, 2022, National Labor Relations Board General Counsel Jennifer Abruzzo released Memorandum GC 22-06, relating to her efforts “to secure full remedies” in settlements with the Board. This follows on her prior...more

NLRB's Top Attorney Takes Aim at "Captive Audience" Meetings Amid Union Surge

Saul Ewing LLP on 4/15/2022

Earlier this month, the top attorney for the National Labor Relations Board (“NLRB”), General Counsel Jennifer Abruzzo (“Abruzzo”), issued Memorandum 22-04 urging the Board to depart from significant and longstanding...more

NLRB General Counsel Memo States Intent to Make Captive Audience Speeches Unlawful

Miller Canfield on 4/13/2022

National Labor Relations Board (NLRB) General Counsel (GC), Jennifer Abruzzo, has issued a memorandum stating her intent to seek to change the NLRB's longstanding rule allowing employers to hold mandatory meetings during...more

NLRB GC Announces Initiative Seeking 10(j) Relief For Threats Or Coercive Conduct During Organizing Campaigns

Proskauer - Labor Relations Update on 2/3/2022

On February 1, 2022, the General Counsel (“GC”) of the National Labor Relations Board (“NLRB”) announced a new initiative encouraging NLRB Regions to seek injunctive relief under Section 10 of the National Labor Relations Act...more

The NLRB and Congress Move to Protect Union Organizing and Employees through Enhanced Remedies for Both and Increased Penalties...

Obermayer Rebmann Maxwell & Hippel LLP on 9/15/2021

On September 8, 2021, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo created quite a stir when she issued a memorandum (GC 21-06) (“Memo”) bearing the subject line “Seeking Full Remedies.” The Memo...more

NLRB Chief Counsel Seeks New Penalties for Labor Law Violations

Benesch on 9/10/2021

With a newly minted Democratic majority on the National Labor Relations Board (“NLRB”), the General Counsel of the NLRB, who directs enforcement of federal labor law, has ordered her staff to seek broad remedies - many of...more

NLRB Division of Advice Releases Deluge of Advice Memoranda Discussing COVID-Related ULP Charges, Confidentiality Rules,...

Proskauer - Labor Relations Update on 7/22/2020

On July 15, 2020, the National Labor Relations Board’s (“NLRB”) Division of Advice published 16 Advice Memoranda addressing myriad questions posed by various Regional Offices. While a majority of the Memoranda were drafted...more

UBER Update: NLRB Advice Memo Reaffirms the “Entrepreneurial Opportunity” Test for Independent Contractors

Obermayer Rebmann Maxwell & Hippel LLP on 6/6/2019

The “gig economy” has prompted a nationwide debate about which workers should be deemed employees (and therefore entitled to certain rights and benefits under labor and employment laws) as opposed to independent contractors. ...more

Increase The Injunctions: NLRB Urges The Frequency Of Requesting Temporary Injunctions

Seyfarth Shaw LLP on 6/22/2018

On June 20, 2018, Peter B. Robb, General Counsel for the NLRB, directed regional offices to continue aggressively pursue temporary injunctions to stop categories of potentially unfair labor practices....more

NLRB General Counsel Issues Handbook on Handbook Rules

Proskauer - Labor Relations Update on 6/8/2018

Following up on the NLRB’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), on June 6, NLRB General Counsel Peter Robb issued a new Guidance Memorandum (18-04) detailing how NLRB Regional Offices receiving...more

General Counsel Dishes Up Advice on 43 Charges, Including Google’s Decision to Terminate an Employee for Harassment and a Union’s...

Seyfarth Shaw LLP on 2/23/2018

Seyfarth Synopsis: In some early spring cleaning, last week the NLRB’s Office of General Counsel released 43 memos authored by its Division of Advice meant to provide guidance to regional offices on pending charges. Here are...more

General Counsel Memorandum Maps New Direction for the National Labor Relations Board (NLRB)

Robinson & Cole LLP on 2/14/2018

On December 1, 2017, recently appointed General Counsel Peter B. Robb (“Robb”) of the National Labor Relations Board (“the Board”) issued a memorandum outlining the direction he intends to guide the prosecutorial arm of the...more

New NLRB Decisions Favor Employers

Akerman LLP - HR Defense on 1/26/2018

With the change to a Republican President and the appointment of new NLRB members, the expectation that more pro-employer decisions will be issued has begun. Several NLRB decisions have re-established prior labor law...more

Out With the Old, In With the New: Is This the “New” NLRB?

Burr & Forman on 1/18/2018

As you have likely seen by now, December was quite a busy month for the National Labor Relations Board (“the Board”). The Board issued major decisions affecting employers, and Peter Robb, the new General Counsel for the Board...more

The NLRB’s General Counsel Rescinds, Revokes and Questions

Mintz - Employment Viewpoints on 12/22/2017

On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected....more

Collyer Deferral: GC Memorandum 18-02 Upholds Parties’ Agreed Upon Method of Grieving and Arbitrating Certain Unfair Labor...

Seyfarth Shaw LLP on 12/22/2017

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

GC Memorandum 18-02 Suggests A More Sane Approach To Independent Contractors

Seyfarth Shaw LLP on 12/19/2017

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

NLRB General Counsel Rescinds Controversial Memo Regarding Section 7 Rights of University Faculty, Student Assistants, and...

Seyfarth Shaw LLP on 12/15/2017

Seyfarth Synopsis: On December 1, 2017, the newly-confirmed General Counsel of the National Relations Board, Peter Robb, issued a memorandum to the NLRB regional offices listing legal issues that should be submitted for...more

NLRB General Counsel Rescinds Controversial Memo Regarding Section 7 Rights Of University Faculty, Student Assistants, And...

Seyfarth Shaw LLP on 12/14/2017