NLRB
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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Employers Must Excercise Care in Drafting Severance Agreements in Light of Recent Labor Board Decisions
February 22, 2023
The National Labor Relations Board (NLRB) issued a landmark decision on February 21st affecting the validity of various provisions typically found in employee severance agreements.
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NLRB Top Lawyer Announces Intent to Protect Employees From “Intrusive or Abusive” Electronic Monitoring
January 6, 2023
The rise of remote work during the COVID-19 pandemic has made certain technologies, such as automated management systems and other electronic surveillance, even more attractive to employers seeking to maintain efficient business operations and manage remote workers.
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Are College Athletes “Employees” Under Federal Labor Law? We Are About to Find Out…
December 28, 2022
A Regional Director of the NLRB found merit to an unfair labor practice charge alleging that the University of Southern California misclassified football and basketball players as student-athletes rather than employees and maintained unlawful work rules.
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NLRB’s Holiday Gifts to Unions
December 20, 2022
Tis the season for giving, which the NLRB has embraced in a most generous manner to unions. Last week, the NLRB either decided or announced as a matter of policy.
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The NLRB’s Reinstatement of a Worker-Friendly Standard for Property Access
December 20, 2022
The National Labor Relations Board (“NLRB” or the “Board”) took significant steps to limit the power of property owners to restrict contractors’ workers access to their property in a 3-2 decision on Friday.
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NLRB Clears Path for Organizing Smaller Groups of Employees
December 16, 2022
Since its enactment in 1935, the National Labor Relations Act has been interpreted and enforced by the National Labor Relations Board. It isn’t any secret that the decisions interpreting the NLRA have swung back and forth as the composition of the NLRB has shifted.
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NLRB Reaffirms Safeguards for Questioning Employees in Preparation for NLRB Proceedings
December 16, 2022
On December 15th, the National Labor Relations Board reaffirmed its Johnnie’s Poultry standard for analyzing an employer’s questioning of employees in preparation for NLRB proceedings.
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The Return of the Micro-Unit: The NLRB Shifts Course Yet Again
December 14, 2022
The National Labor Relations Board has now returned to an Obama-era standard that permits a union to organize in as small a unit as it has support (i.e., micro-units).
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