Display of BLM Insignia = Protected Concerted Activity
February 23, 2024
Regardless of an employer’s union or non-union status, Section 7 of the National Labor Relations Act protects employees’ rights to engage in concerted (i.e. group) activity for their mutual aid or protection, while Section 8 makes it unlawful for an employer to interfere with those rights.
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Refusing to Comply with an NLRB Order Can Land Employers in Handcuffs (Even If You’re Not Unionized)
October 5, 2023
Many companies blissfully believe that they don’t have to worry about the National Labor Relations Act or its enforcing agency, the National Labor Relations Board, as long as they don’t have a union and no one is currently trying to unionize them. They’re wrong.
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Wait – College Football Players Really Are Suing for Pay?
September 22, 2023
In a real game-changer, it appears that a group of former college athletes are suing the NCAA and over 125 NCAA Division 1 schools for unpaid wages under the FLSA and state wage payment laws.
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The NLRB Vastly Expands the Parameters of Protected Concerted Activity
September 1, 2023
In two cases issued on August 31, 2023, the National Labor Relations Board greatly expanded the universe of employee activity protected by the National Labor Relations Act.
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Employers – The NLRB Has Just Made Many Common Work Rules Unlawful
August 3, 2023
In an unsurprising decision applicable to both unionized and non-union employers, the National Labor Relations Board changed its standard for assessing whether seemingly neutral work rules violate the National Labor Relations Act.
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When an Employer Interviews an Employee, The Power of the NLRA Compels You!
June 28, 2023
When an employer receives a complaint of workplace misconduct, they often must conduct an investigation that may include interviewing employees. Interviewing an employee is not as simple as one may assume.
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NLRB Returns to More Lenient Standard for Employees’ Abusive and Profane Misconduct
May 5, 2023
The National Labor Relations Board announced a return to the pre-2020 “setting-specific” standard in cases where employees are disciplined for misconduct occurring during the course of activity protected by the National Labor Relations Act.
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NLRB General Counsel Clarifies Enforcement Posture on Unlawful Separation Agreement Provisions
March 28, 2023
On March 22, 2023, the National Labor Review Board issued a General Counsel Memorandum (GC Memo 23-05) providing additional guidance on the NLRB’s recent ruling in McLaren Macomb, 372 NLRB No. 58, which held that inclusion of overly broad non-disparagement and confidentiality clauses in severance agreements are unlawful under the National Labor Relations Act.
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NLRB General Counsel Provides Clarification on Severance Agreement Non-Disparagement and Confidentiality Provisions
March 22, 2023
The NLRB recently asserted that severance agreements may not contain general non-disparagement or confidentiality/non-disclosure clauses, based on its premise that such clauses violate the rights of employees under Section 7 of the NLRA to engage in concerted activity for their mutual aid or protection (i.e. “protected concerted activity”).
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Your Neutral Uniform Policy May Violate the NLRA
September 7, 2022
This case arose in the backdrop of a union organizing campaign, when Tesla employees first wore black cotton shirts at work, with the union’s campaign slogan, “Driving a Fair Future at Tesla” on the front and a larger logo with the slogan and “UAW” on the back.
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NLRB Issues Notice of Proposed Rulemaking on Joint-Employer Status
September 7, 2022
On September 6, 2022, the National Labor Relations Board issued a Notice of Proposed Rulemaking as to the legal standard for determining joint-employer status under the National Labor Relations Act.
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NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful
April 18, 2022
For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum expressing that the NLRB should declare such meetings to be unlawful.
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