NLRB
Are Employers Supposed to Protect Striking Employees?
July 28, 2023
As most of us know, Hollywood is striking. Some of you may have seen media reports about the unions filing unfair labor practice charges with the National Labor Relations Board over unsafe picketing conditions. Which may cause some of you to wonder – what is an employer’s responsibility with respect to those conditions?
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U-Turn! NLRB’s “Modified” Independent Contractor Standard Favors Findings of Employee Status
June 13, 2023
In a move that surprised absolutely no one, the National Labor Relations Board has reversed course on yet another issue.
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The NLRB General Counsel Joins the War on Noncompete Agreements
June 8, 2023
Following the Federal Trade Commission’s proposed near-total ban on non-compete agreements, and an increasing number of state laws limiting or banning such agreements, another federal agency official is piling on.
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NLRB General Counsel Enters the Fray on Non-Competes, Declaring They May Violate Federal Labor Law
June 3, 2023
For more than a year, the Federal Trade Commission has been mulling on whether the federal government should regulate employee non-compete agreements.
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Recent Decisions by the NLRB: Harsher Penalties for Employers Who Repeatedly Violate Labor Law, More Leniency for Worker Outbursts during Labor Action
June 1, 2023
As expected, in the last month the National Labor Relations Board has continued to issue decisions that reverse Trump-era precedents and expand the protections available to employees and unions.
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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 Limits Employers' Authority to Discipline During Workplace Activism and Union-Related Activities
May 1, 2023
On May 1, 2023, the National Labor Relations Board issued a decision in the case of Lion Elastomers that restores legal protection for workers who engage in profane speech or conduct in the context of workplace activism and union-related activity.
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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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Say What? NLRB Rules Employees May Tape Record Others in Violation of State Law
March 10, 2023
A recent NLRB ruling against Starbucks concluded that, “State law be damned,” employees may lawfully commit an act unlawful under the law of their State if they do so for reasons they claim to be protected concerted activity (PCA) under the NLRA.
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Severance, NLRB, and Employers
March 9, 2023
What does the recent McLaren Macomb ruling mean for Severance Agreements going forward?
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The NLRB Restricts Employer Rights Again: Finding Typical Separation Agreement Terms Unlawful and Protecting Employees Who Make Secret Recordings
February 27, 2023
The National Labor Relations Board recently issued two important decisions, one finding unlawful non-disparagement and confidentiality provisions typically found in separation agreements, and the other protecting employees who make secret recordings at work.
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