NLRB
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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“Consequential Damages” Now Available In Unfair Labor Practice Cases
December 13, 2022
The National Labor Relations Board has ruled that employers can now face liability for consequential damages in unfair labor practice cases before the Board.
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The Beginning of the End of the "Election Protection Rule"
November 4, 2022
On November 3, the National Labor Relations Board (“NLRB”) issued a proposed rule that will change when elections can occur in private workplaces about whether employees should be represented by a union.
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NLRB General Counsel Proposes Sweeping Changes Impacting Employer Use of Technology to Manage and/or Monitor Employees
November 1, 2022
In sweeping new proposals, the National Labor Relations Board General Counsel, Jennifer Abruzzo, announced her intention to limit employers in their ability to rely upon commonly used electronic monitoring and management technologies to monitor employee misconduct and performance issues.
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NLRB Refines Standard For Conducting In-Person Union Elections
October 31, 2022
Recently, the National Labor Relations Board (NLRB) modified the standard it has been applying in determining whether a mail ballot election is appropriate, resulting in a significant change in union elections going forward.
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