News & Analysis as of

Unfair Labor Practices Employer Liability Issues Employee Rights

Ice Miller

Common Employment Law Mistakes and Oversights You Need to Know About: Read This List to Help Avoid Litigation and Liability!

Ice Miller on

Ignorantia legis neminem excusat. That is, “ignorance of the law is no excuse.” Under this principle, those to whom the law applies are presumed to know the law and will be held accountable for violating it....more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2024 Year-End Review

The hits just kept coming from the National Labor Relations Board in 2024. The final year of the Biden board produced a flurry of decisions that kept labor practitioners on their toes. It seemed that each month, there was a...more

Baker Donelson

NLRB Places Further Restrictions on Employers: Captive Audience Meetings Restricted

Baker Donelson on

The National Labor Relations Board (the Board) voted 3-1 (along party lines, with Member Kaplan dissenting) on November 13, 2024, to prohibit so-called "captive audience" meetings.1 In doing so, the Board overturned...more

Littler

NLRB Jettisons 76-Year-Old Precedent Covering Workplace Meetings

Littler on

Since 1948, Section 8(c) of the National Labor Relations Act (NLRA) had been interpreted to protect the First Amendment right of employers to bring employees together to exchange views, arguments, and opinions about...more

Parker Poe Adams & Bernstein LLP

NLRB Issues Two Decisions Limiting Management's Ability to Contest Unionization

During union representation campaigns, it is common for employers to advise employees of the downsides posed by union recognition. The current National Labor Relations Board (NLRB) has criticized these tactics, alleging that...more

Littler

Hawaii's New “Captive Audience” Law: What Employers Need to Know

Littler on

Under current federal law, employers may legally require workers to attend meetings during working hours that concern the employer’s views on politics, religion and similar matters. Hawaii recently joined several states,...more

Franczek P.C.

Supreme Court Ruling in Starbucks v. McKinney: Implications for Employees and Unions

Franczek P.C. on

On June 13, 2024, the Supreme Court held that the National Labor Relations Board (the “Board”) is subject to the same standard as any other litigant when it seeks a preliminary injunction in unfair labor practice cases. This...more

Fisher Phillips

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

Fisher Phillips on

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

Perkins Coie

Labor Law Today—2023 Year in Review

Perkins Coie on

In 2023, the National Labor Relations Board (the NLRB or Board) continued to expand employee rights and protections in the workplace. The new regulations included limiting employers’ contract rights in relation to severance...more

Epstein Becker & Green

NLRB Delivers Labor Day Gifts to Unions

Epstein Becker & Green on

It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

Littler

UK: Trade Union Round-up – the Government Strikes Back (or does it?)

Littler on

Strikes and other forms of industrial action by employees wanting more pay and better working conditions across a range of sectors including rail, education, and health have continued to be front-page news. This industrial...more

Bond Schoeneck & King PLLC

NLRB Further Erodes Employer Rights and Promotes Unionization

The National Labor Relations Board (NLRB) continues to drastically change the law and tilt the playing field against employers and in favor of labor unions. Last week, the Biden NLRB issued new rules governing the...more

Fisher Phillips

Snapshot on Manufacturing Industry: Your Handbook Might Need Immediate Changes

Fisher Phillips on

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

Fisher Phillips

Labor Board Signals Continued Expansion of Employee Rights: Your Questions Answered

Fisher Phillips on

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

Miller Canfield

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

Miller Canfield on

The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more

Akerman LLP - HR Defense

Top Ten Myths About Unions

Many employers mistakenly assume that their workforce is not likely to be organized by a union. Maybe they assume that only factory workers and public employees are the most typical members of unions. Maybe they assume they...more

Bond Schoeneck & King PLLC

NLRB Returns to Setting-Specific Standards for Employee Misconduct Occurring in the Course of Protected Activity

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

Maynard Nexsen

NLRB Issues Ruling Expanding Protections for Employee Outbursts

Maynard Nexsen on

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

Troutman Pepper Locke

NLRB Returns to Former Precedent on Protected Union Activity

Troutman Pepper Locke on

Q. May employees use abusive language when raising grievances about working conditions?...more

Williams Mullen

Tales From the NLRB: More Remedies More Often

Williams Mullen on

On April 20, 2023, the National Labor Relations Board (Board) committed itself to imposing more remedies more often when dealing with parties “who have shown a proclivity to violate the National Labor Relations Act (NLRA) or...more

Bond Schoeneck & King PLLC

The NLRB’s Latest Decision Restricts the Use of Broad Confidentiality and Nondisparagement Clauses in Severance Agreements

On Feb. 21, 2023, the National Labor Relations Board (NLRB or Board) issued its decision in McClaren Macomb, 372 NLRB No. 58 (2023), where it held that severance agreements with broad confidentiality and/or nondisparagement...more

Kelley Drye & Warren LLP

Talking About The NLRB’s New Rulings on Confidentiality, Non-Disparagement, and Severance Offers

There’s been another flip-flop at the National Labor Relations Board. The target this time? Severance agreements. During the Trump administration, the NLRB issued a set of rulings that generally allowed employers to...more

Troutman Pepper Locke

NLRB Significantly Restricts Employers’ ‎Use of Confidentiality and Non-Disparagement ‎Provisions in ‎Non-Supervisory Severance...

Troutman Pepper Locke on

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

Cooley LLP

NLRB Reverts to Prior Policy Restricting Employee Nondisparagement and Confidentiality Provisions

Cooley LLP on

On February 21, 2023, the National Labor Relations Board (NLRB) returned to long-standing precedent that an employer may not offer severance conditioned on an employee’s agreement to broad nondisparagement and confidentiality...more

Troutman Pepper Locke

NLRB Prohibits Confidentiality and Non-Disparagement Provisions in Severance Agreements With Broad Implications

Troutman Pepper Locke on

Executive Summary - On February 21, the National Labor Relations Board (NLRB or Board) reversed course from its own Trump-era precedent when it held that an employer’s offer of employee severance agreements with broad...more

70 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide