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National Labor Relations Board › Section 7 › New Guidance

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... more +
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 -
BCLP

Busy Inside the Beltway: Recent Activity by the DOL, EEOC, NLRB and FTC

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Federal agencies responsible for employment-related matters have been busy in recent weeks issuing guidance, updated workplace posters, and more. Let’s get caught up...more

BakerHostetler

A New Front in the Noncompete Wars: NLRB’s General Counsel Claims Noncompete Agreements Violate the Labor Act

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The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in employment...more

Williams Mullen

Tales from the NLRB: General Counsel to Treat Most Non-Compete Agreements as Unfair Labor Practices

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On May 30, 2023, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (Board), issued a guidance memo (the “Memo”) stating that non-compete agreements or similar restrictive covenants in settlement...more

Spilman Thomas & Battle, PLLC

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements

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In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work memories are separated from work memories. Outside of work, these Lumon Industries employees cannot discuss...more

Kohrman Jackson & Krantz LLP

NLRB Offers New Guidance on Recent Severance Agreement Decision: Here’s What Employers Need to Do Now

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Last month we published an article on the NLRB’s decision in McLaren Macomb Hospital where the Board reversed course on the NLRB’s prior position on interpreting severance agreements under Section 7 of the NLRA. In McLaren,...more

Fenwick & West LLP

Severance Agreement Provisions Further Scrutinized in New NLRB Guidance Following McLaren Macomb Decision

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As we reported last month, the National Labor Relations Board (NLRB) struck down broad confidentiality and non-disparagement provisions in severance agreements in McLaren Macomb, 372 NLRB No. 58, finding such provisions to be...more

Smith Gambrell Russell

NLRB Issues Guidance in Response to Inquiries Involving Non-Disparagement and Confidentiality Provisions in Severance Agreements

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As outlined in the February 22, 2023 SGR Client Alert, the National Labor Relations Board (“NLRB”) ruled in McLaren Macomb that severance agreements may not contain general non-disparagement or confidentiality/non-disclosures...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 2, September 2020

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The Editors' Note - Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back...more

Epstein Becker & Green

NLRB Reverses Position on Confidentiality Concerning Workplace Investigations – Holds That Confidentiality Requirements Are...

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The National Labor Relations Board, in its December 17th decision in Apogee Retail LLC d/b/a Unique Thrift Store, has reversed its prior rule and held that employer requirements that employees treat workplace investigations...more

McAfee & Taft

NLRB memo offers clarity, good news for employer-issued policies

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For employers, the National Labor Relations Board’s rules for interpreting employer policies have been among the most difficult to navigate the last 15 years. The Board utilized a “reasonably construe” test that resulted in...more

Payne & Fears

NLRB Establishes New Guidance for Employer Workplace Rules

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The National Labor Relations Board ("NLRB") has set new standards for determining whether an employment policy strikes the appropriate balance between employees' ability to exercise their rights under Section 7 of the...more

Sheppard Mullin Richter & Hampton LLP

NLRB Releases Advice Memorandum Affirming Misclassification Constitutes Unfair Labor Practice

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At the end August, the National Labor Relations Board released an advice memorandum, originally drafted in December 2015, concluding that a group of drivers who worked for a drayage company called Pacific 9 Transportation...more

Genova Burns LLC

NLRB Guidance Further Defines Permissive Employer Handbook Rules

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The NLRB’s General Counsel recently issued a report further defining the limitations on an employer’s ability to enact workplace rules which tend to interfere with an employee’s Section 7 rights under the National Labor...more

Cole Schotz

NLRB Issues Guidance on Employee Handbooks

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The National Labor Relations Board (“NLRB”) has recently been aggressive in its enforcement of the National Labor Relations Act (“NLRA”) and, in particular, Section 7 of the NLRA, which protects employees’ rights to form or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB General Counsel Issues Memorandum Providing Justification for Employer Rule Decisions

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Over the past several years, the National Labor Relations Board (NLRB) has aggressively redefined the landscape for employer rules contained in employee handbooks, employee policies, and/or employment agreements....more

Bond Schoeneck & King PLLC

NLRB General Counsel Issues Guidance Memorandum on Employee Handbook Rules

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The General Counsel for the National Labor Relations Board (“NLRB”) recently published a guidance memorandum that provides specific examples of lawful and unlawful employee handbook rules in the areas of confidentiality,...more

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