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®
The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more
This week, Elon Musk interviewed former President Trump on his social media platform X. During the interview, the two participants discussed their response to a hypothetical strike at Musk’s Tesla production facility. Trump...more
On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more
Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more
The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No....more
Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is...more
In Stericyle, Inc., issued on August 2, 2023, the National Labor Relations Board (NLRB) discarded an earlier decision and established a new test for determining whether an employer’s work rule constitutes an unfair labor...more
A recent Advice Memo issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) provides all employers – union and non-union alike – with yet another warning that more of your employment...more
In a recent decision, the National Labor Relations Board (the Board) returned to its earlier precedent “applying setting-specific standards” in cases involving employees who are disciplined for misconduct that occurs during...more
The National Labor Relations Board recently issued an opinion in Lion Elastomers, LLC II, reinstating prior case law that provides greater protections for employees who engage in disruptive behavior in connection with...more
Q. May employees use abusive language when raising grievances about working conditions?...more
The National Labor Relations Board has reverted to decades-old standards for assessing whether employee misconduct during the course of protected activity should be protected under federal labor law. The Board’s move will...more
Through a divided decision in the matter of McLaren Macomb, the National Labor Relations Board (“Board”) significantly restricted the use of confidentiality and non-disparagement provisions in severance agreements for...more
A pendulum-swinging decision from the National Labor Relations Board yesterday means that severance agreements – in both unionized and non-union workplaces – could once again be deemed unlawful if they could be construed to...more
Imagine this: a nurse leaves the operating room during spinal surgery to participate in a union action, the employer terminates the nurse, and the National Labor Relations Board (NLRB) holds that the employer violated federal...more
One of the nation’s most powerful federal appeals courts just ruled that the NLRB was correct when it said a West Virginia-based manufacturing company couldn’t fire a worker for vulgar comments because it failed to...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
Two recent advice memos issued by the National Labor Relations Board (NLRB) provide further guidance on the issue of “protected concerted activity” under Section 7 of the National Labor Relations Act (NLRA), commonly referred...more
The pandemic has thrown a number of obstacles at employers and employees as everyone attempts to navigate a novel situation. On August 13, 2020, the National Labor Relations Board (“NLRB”) Division of Advice (“Advice”), the...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
The National Labor Relations Board has finally abandoned its problematic standard around the discipline and discharge of employees who engage in abusive conduct in connection with protected concerted activity. On July 21, the...more
The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has...more
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
When it comes to an unfair practice allegation asserting an employer’s statement is unlawful, words matter. And, so does context. Under NLRB case law, the actual employer statements are evaluated as well as the overall...more