The Burr Morning Show: NLRB Updates
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum, Part II
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum
Employment Law Now VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions
Chambliss Update – NLRB Decision Alters Landscape for Employee Severance Agreements
DE Under 3: New NLRB Decision Prohibits Virtually All Employment Confidentiality and Non-Disparagement Clauses, Nationwide
The Labor Law Insider | Offensive Speech in the Workplace - Part II: Drawing the Line
The Labor Law Insider: Offensive Speech in the Workplace - Crossing the Line
#WorkforceWednesday: NLRB Outlook, NY Whistleblower Protections Take Effect, DOJ to Focus on Cyber-Fraud - Employment Law This Week®
An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more
The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment...more
During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more
The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more
A slew of decisions that were pending before the National Labor Relations Board (“NLRB” or the “Board”) have been issued at the end of August, coming at the close of Member Wilcox’s term. In American Federation for Children,...more
For more than 50 years, the National Labor Relations Board had held — with Supreme Court approval — that when a union claimed to represent an employer’s workforce, the employer could refuse to recognize the union, leaving the...more
The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more
The National Labor Relations Board (NLRB) has adopted a new standard for evaluating challenges to employer work rules as facially unlawful under Section 8(a)(1) of the National Labor Relations Act (NLRA), overruling a...more
Seyfarth Synopsis: Recently, an Administrative Law Judge (ALJ), issued a decision in two cases that create the opportunity for the National Labor Relations Act to have a more expansive view of what constitutes protected...more
While employers wait to see whether, and to what extent, the Federal Trade Commission enacts its proposed rule banning non-competes, the Office of the General Counsel for the National Labor Relations Board (the “NLRB”) has...more
The Federal Trade Commission (“FTC”) announced Monday that it had reversed its in-house Administrative Law Judge’s (“ALJ”) Initial Decision dismissing a complaint brought by FTC staff against Illumina, Inc.’s acquisition of...more
On February 21, 2023, the Board issued a decision in McLaren Macomb, Case 07-CA-263041, ruling that broad non-disparagement and confidentiality provisions in an employee severance agreement are unlawful. This decision...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more
Hospitals and medical groups that bar staff from communicating with the media should take another look at those prohibitions following a recent federal appellate decision finding such a policy unlawful under the National...more
On May 3, 2021, the National Labor Relations Board (“NLRB” or the “Board”) found that the employer’s policy barring workers from recording conversations with their colleagues did not violate the National Labor Relations Act...more
In its March 25 decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (“NLRA”) after prohibiting employees from talking to the media; (2) Tesla did not violate the Act by calling...more
As we have discussed before, several years ago, the Board instituted a significant paradigm shift in analyzing the lawfulness of employers’ handbook policies in relation to employees’ Section 7 rights, when it issued its...more
In adopting the ALJ’s Recommended Order in S&S Enterprises, LLC d/b/a Appalachian Heating, Case No. 09-CA-235304, the NLRB found that a leaflet distributed by the employer during union organizing efforts, which stated that it...more
The National Labor Relations Board recently ruled that an employer could not discipline a group of protesting employees who reported to work in street clothes instead of their uniforms to draw attention to a uniform shortage....more
On September 11, 2020, a three-member National Labor Relations Board panel unanimously ruled that a trade group representing sign language interpreters did not violate Section 8(a)(1) of the Act by removing its members’ posts...more
The NLRB is at it again—with its decision in Wynn Las Vegas, LLC the Board has continued its practice of scaling back decisions of the Obama Board. In Wynn Las Vegas, the Board redefined “solicitation” to comport with prior...more
Historically, there has been a "push and pull" between the National Labor Relations Board (Board) and employers over mandatory arbitration agreements and class action waivers. Although most of the disputes have been resolved...more
The Trump-era National Labor Relations Board has struck again. On July 21, 2020 in General Motors LLC, 14-CA-197985, 369 NLRB No. 127 (2020), the NLRB overruled longstanding precedent and rejected “setting-specific”...more
In Verizon New York, Inc. (Verizon), the National Labor Relations Board (Board) recently found that a work rule reserving the right for the company to monitor and/or search personal property, and a rule permitting the company...more
In many private arbitration agreements entered into in the non-union context, employers and employees agree that the proceedings shall remain confidential. On June 19, 2020, the Board addressed whether a confidentiality...more