News & Analysis as of

Unfair Labor Practices New Guidance

McAfee & Taft

New NLRB guidance emphasizes need for ‘prompt and fair’ settlements in unfair labor practice disputes

McAfee & Taft on

Settlements of unfair labor practice charges appear to be returning to more traditional standards under new guidance from Acting General Counsel of the National Labor Relations Board William B. Cowen. Unfair labor practice...more

Seyfarth Shaw LLP

How the Latest NLRB Guidance Helps Employers Resolve Disputes

Seyfarth Shaw LLP on

Newly issued guidance from the NLRB encourages efficient resolution of labor disputes, giving employers more flexibility in crafting resolutions to reach practical compromises in appropriate cases. The memorandum also...more

Littler

Curb Your Remedial Enthusiasm – NLRB Acting General Counsel Offers Remedial Relief to Employers

Littler on

On May 16, National Labor Relations Board Acting General Counsel William Cowen issued Memorandum GC-25-06, calling for an efficient, practical approach to NLRB settlement agreements. Coming on the heels of Cowen’s prior...more

Vorys, Sater, Seymour and Pease LLP

Acting General Counsel Cowen Issues Memorandum Altering Guidance on Settlement Agreements

On May 16, 2025, Acting General Counsel (GC) William B. Cowen issued a memorandum addressing settlement agreements under the NLRA in a manner expected to remove material hurdles to negotiated resolutions. Acting GC Cowen’s...more

Proskauer - Labor Relations Update

NLRB Pulls a U-Turn on Remedial Relief in Settlement Agreements: New GC Issues Guidance Encouraging Efforts at Settlement

On May 16, 2025, the National Labor Relations Board’s (“NLRB”) Acting General Counsel, William B. Cowen, issued Memorandum GC 25-06, titled “Seeking Remedial Relief in Settlement Agreements,” that significantly loosens the...more

Husch Blackwell LLP

The NLRB’s Top Lawyer Offers New Guidance on Remedial Relief in Settlement Agreements

Husch Blackwell LLP on

Settling cases before the National Labor Relations Board (NLRB) became an increasingly difficult task under the prior administration, where the terms of agreements were often dictated by General Counsel directives insisting...more

FordHarrison

Acting NLRB General Counsel Rescinds Controversial Biden-Era Memoranda, Signaling Shift at NLRB

FordHarrison on

On February 14, 2025, National Labor Relations Board Acting General Counsel (“GC”) William Cowen issued Memorandum 25-05, which rescinded dozens of policy memos issued by his predecessor, Jennifer Abruzzo, during the Biden...more

BCLP

UK HR Two Minute Monthly: February 2024 - Can a Job Applicant Bring a Whistleblowing Claim, Who Pays Up When a Claimant Wins at...

BCLP on

Our February update includes a case on the issue of whether job applicants can bring whistleblowing claims, and a case on who pays what compensation to a successful claimant. We also feature a news round-up looking at what...more

Perkins Coie

NLRB General Counsel Issues Cemex Guidance

Perkins Coie on

This summer, the National Labor Relations Board (the Board or NLRB) issued a decision in Cemex Construction Materials Pacific, LLC that upended decades of precedent regarding the representation election process. A more...more

Seyfarth Shaw LLP

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

Seyfarth Shaw LLP on

Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the applicability of its new Cemex...more

Williams Mullen

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

Williams Mullen on

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

Amundsen Davis LLC

NLRB GC Abruzzo Ordered Up ‘New Make-Whole Remedies’ for Victims of Unfair Labor Practices – and the Regional Offices Are...

Amundsen Davis LLC on

A discussed in a previous article, on September 8, 2021, the National Labor Relations Board General Counsel, Jennifer Abruzzo, issued a memorandum to all NLRB Regional Directors notifying them (and the rest of us) of her...more

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

NLRB General Counsel Issues Memo on Securing Full Remedies in Settlements

On June 23, 2022, National Labor Relations Board General Counsel Jennifer A. Abruzzo issued Memorandum GC 22-06 advising Regions that they may seek a judgment to force employers to comply with the specific terms of settlement...more

Cozen O'Connor

Don’t Say That! … Or Do? New Court Guidance on Employer Statements in Union Organizing Campaigns

Cozen O'Connor on

I often advise employers large and small on what to do (and what not to do) during union organizing campaigns. I am continually surprised at how many employers have misconceptions about the do’s and don’ts when a campaign is...more

McAfee & Taft

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

McAfee & Taft on

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

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

NLRB GC Memo Provides Updated Guidance on Common Employer Work Rules In Light of Boeing

On June 6, 2018, the National Labor Relations Board’s (NLRB) general counsel (GC) issued a new guidance memorandum (GC Memo 18-04) that contains updated guidance on how the regional offices should be reviewing and...more

Sheppard Mullin Richter & Hampton LLP

NLRB Releases Advice Memorandum Affirming Misclassification Constitutes Unfair Labor Practice

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

Foley & Lardner LLP

Joint Employer Status for Franchisors Sees Some Reprieve, but not Enough yet for Celebration

Foley & Lardner LLP on

We noted last year that, at the behest of its General Counsel Richard Griffin, the National Labor Relations Board was looking to recast the joint employer test under the National Labor Relations Act (NLRA) within the...more

Proskauer - Labor Relations

NLRB General Counsel Issues Guidance on Deferral to Grievance Arbitration and Settlements

Following the decision of the National Labor Relations Board in Babcock & Wilcox Construction Co., 361 NLRB No. 132 (December 14, 2014), the NLRB General Counsel has issued Memorandum GC 15-02 (February 10, 2015), which...more

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