NLRB
The NLRB Overturns Decades-Old Precedent by Banning Captive-Audience Meetings
November 25, 2024
The National Labor Relations Board made the inevitable official when it recently held that employee attendance at employer-mandated meetings where employers express their views on potential unionization – violate the National Labor Relations Act.
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NLRB GC to Seek Broad Remedies for Non-Compete and Stay-or-Pay Provisions – Part II
November 15, 2024
As we noted in Part I of this special two-part blog, NLRB General Counsel Jennifer Abruzzo issued an important policy memorandum last month. Here, Part II addresses stay-or-pay provisions, the GC’s legal position that such provisions are presumptively unlawful, and the remedies she will seek for employees subject to stay-or-pay provisions.
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NLRB Finds Captive Audience Meetings Illegal
November 14, 2024
Relying on Babcock & Wilcox Co., 77 NLRB 577 (1948), employers have long been using so called “captive audience meetings” to express their view to employees regarding unionization.
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NLRB GC to Seek Broad Remedies for Non-Compete and Stay-or-Pay Provisions – Part I
October 14, 2024
In GC Memorandum 25-01, Jennifer Abruzzo asserts that most “stay-or-pay” provisions, where workers agree to repay their employer for certain benefits if the employee prematurely leaves employment, should be found unlawful unless narrowly tailored.
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A Game of Cat and Mouse: Are Your Remote Workers Really Productive?
July 10, 2024
When work went fully remote, employers worried about how they could ensure that employees were clocking their required hours.
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NLRB Injunctions Are Now More Difficult to Obtain, At Least in Some Jurisdictions
June 13, 2024
In Starbucks Corp. v. McKinney, the Supreme Court held that a more stringent test applied to lawsuits filed by the National Labor Relations Board that seek injunctions to halt serious labor violations.
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General Counsel Abruzzo’s Latest Memorandum Encourages a Further Expansion of Remedies for Employees
May 24, 2024
On April 8, NLRB General Counsel Jennifer Abruzzo issued GC Memo 24-04, providing yet another memorandum broadening remedies for employees that have been wrongfully discharged for engaging in union or other protected concerted activity.
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Chamber of Commerce v. NLRB and the Reimplementation of the 2020 Joint-Employer Rule
March 29, 2024
On March 8, 2024, in Chamber of Commerce of the United States of America v. National Labor Relations Board, U.S. District Judge J. Campbell Barker of the Eastern District of Texas struck down the National Labor Relations Board’s 2023 rule determining the standard for joint-employer status and the NLRB’s rescission of the 2020 joint-employer rule.
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Federal Court Tosses NLRB’s Expanded Joint Employer Rule
March 11, 2024
A federal district court judge in Texas vacated (or blocked) the National Labor Relations Board’s 2023 Final Rule that sought to rescind and replace the Trump Administration’s 2020 Rule establishing the current test for determining whether two entities are joint employers.
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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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Is the NLRB Overstepping? Proposed Remedy Would Give Unions Hiring Control
February 16, 2024
Jennifer Abruzzo's proposed remedy would, in some cases, allow a union to decide who must be hired by the employer.
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March Madness in February? Unionization Heats Up College Sports Landscape
February 9, 2024
On February 5, 2024, Laura Sacks, Regional Director for Region 1 of the National Labor Relations Board, ruled that players on Dartmouth’s men’s basketball team are “employees” within the meaning of the National Labor Relations Act.
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