News & Analysis as of

Unfair Labor Practices

Ward and Smith, P.A.

Avoid the Hot Seat: An Interview with the NLRB

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At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Grant Osborne and Genesis Torres, interviewed Shannon Meares of the National Labor Relations Board ("NLRB"...more

BakerHostetler

Adding Injury to Insult: The NLRB’S General Counsel Lays Out Expanded Remedies For Unlawful Noncompete and Stay-or-Pay Agreements

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We previously reported on a May 2023 memorandum issued by the general counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, stating her view that “the proffer, maintenance, and enforcement” of...more

Bricker Graydon LLP

Employee Repayment Agreements - Safe from the NLRB?

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Consider finding a new job with a company: On your first day, the company explains that it will invest a significant amount of time and resources in training you. In return, the company expects you to sign a training...more

Proskauer - Labor Relations Update

Ninth Circuit Panel Hears Oral Argument on the NLRB’s Transformative Cemex Decision

On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National...more

Locke Lord LLP

Commentary: NLRB Poised to Rule That Independent Contractor Misclassification Alone ‎Violates the Law, but Ruling Not Likely to...

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A recent decision by the National Labor Relations Board in a case involving workers who were classified by a company as independent contractors has provided a clear signal that the NLRB is likely to reverse its current law...more

Foley & Lardner LLP

Losing for Winning: Dartmouth Basketball Team’s Ill-Fated Unionization Effort

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The Dartmouth men’s basketball team is scheduled to tip-off its 2024-25 NCAA season. Not surprisingly, they will do so without a labor contract, notwithstanding the team’s historic vote last March to unionize under federal...more

Fisher Phillips

10 Biggest Changes in United Kingdom’s Sweeping New Employment Rights Bill: What U.S. Employers Can Do To Prepare

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The United Kingdom just introduced a landmark new Employment Rights Bill, aimed at ending unfair employment practices and helping to deliver economic growth. According to the United Kingdom’s Prime Minister’s Office, this is...more

Epstein Becker & Green

#WorkforceWednesday®: NLRB’s Expanding Power - Pushback and Legal Challenges Ahead - Employment Law This Week®

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This week, we’re examining how recent employer-initiated challenges to the National Labor Relations Board’s (NLRB’s) structure have arisen due to the agency’s broad interpretation of its enforcement authority, leading to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB General Counsel Says ‘Stay-or-Pay’ Provisions Are Unlawful, Calls for Make-Whole Remedies for Noncompetes

In another post-McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views...more

Hinshaw & Culbertson - Employment Law...

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but...more

Fox Rothschild LLP

Watch Your Step: Three Legal Pitfalls Awaiting Colorado Employers

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Employers in Colorado must ensure compliance with a variety of state and federal laws governing employment agreements and workplace policies. Here are three frequently overlooked legal pitfalls to watch out for: ...more

Genova Burns LLC

Should I Stay Or Should I Go: The NLRB Weighs In

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On October 7, 2024, NLRB General Counsel Jennifer Abruzzo announced to her staff and the public that she intends to prosecute employers for “Stay-or-Pay” employment agreements, agreements that require a new employee to repay...more

Fisher Phillips

Divine Intervention? NLRB Rejects Challenge to Jurisdictional Test for Religious Educational Institutions

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In a rare rebuke of its own General Counsel, the National Labor Relations Board has rejected an invitation to flip-flop on its own precedent and will instead continue to apply a simple, bright-line test when determining...more

Venable LLP

NLRB's Final Rule Restores Union Toolkit for Keeping Bargaining Representative Status

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The National Labor Relations Board (NLRB) has issued another union-friendly final rule. The Fair Choice-Employee Voice Final Rule (Final Rule), scheduled to become effective September 30, 2024, resurrects three procedural...more

Epstein Becker & Green

NLRB Issues Complaint Alleging Business-to-Business No-Poaching Agreements Violate Employees’ Rights in Latest Attack on...

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On September 12, 2024, the Regional Director of the National Labor Relations Board’s (“NLRB”) Region 22 in Newark, New Jersey, issued an unfair labor practice complaint against a New Jersey building services company, alleging...more

Epstein Becker & Green

NLRB Opens New Front in Campaign Against Contractual Restrictive Covenants, Now Targeting No-Poach Provisions in a Business’...

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On September 12, 2024, the Regional Director of the National Labor Relations Board’s (“NLRB”) Region 22 in Newark, New Jersey, issued an unfair labor practice complaint against a New Jersey building services company, alleging...more

Fisher Phillips

Get Ready for NLRB Rule Making It Harder to Decertify Unions: 5 Key Steps for Employers

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A new labor regulation is set to take effect on September 30 that could make it harder for workers to undo union representation. In a long-anticipated move, the National Labor Relations Board (NLRB) ditched agency rules...more

McAfee & Taft

NLRB changes course on consent orders … again

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The National Labor Relations Board (NLRB) has long allowed employers and unions to resolve cases arising from unfair labor practice charges without a full adjudication on the merits. The most common way in which this is...more

Seyfarth Shaw LLP

Consent Orders Are Dead.

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Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than 50 years of the Board’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Will No Longer Approve Consent Orders

A recent National Labor Relations Board (NLRB) decision has ended the practice of administrative law judge (ALJ) approval of consent orders to resolve unfair labor practice (ULP) charges. This is yet another development from...more

Bradley Arant Boult Cummings LLP

SpaceX Exploration: Constitutional Challenge to NLRB Structure

Following several complaints filed with the National Labor Relations Board (NLRB), SpaceX has mounted a constitutional challenge against the structure of the NLRB. Specifically, SpaceX contends that NLRB administrative judges...more

Proskauer - Labor Relations Update

When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected...

On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside...more

CDF Labor Law LLP

NLRB, DOJ, FTC and DOL Formalize the Exchange of Information to Help Scrutinize The Impact of Mergers on Workers

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The MOU - On August 28, 2024, the National Labor Relations Board and Department of Labor (“Labor Agencies”) entered into a Memorandum of Understanding with the Department of Justice – Antitrust Division and the Federal...more

Proskauer - Labor Relations Update

Not Anymore! NLRB Board Blocks Use of Unilateral Consent Orders

On August 22, 2024, the National Labor Relations Board (the ““Board”“) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio San Pedras, 373 NLRB No. 89 (2024), marking a significant departure from its...more

Amundsen Davis LLC

National State Employment Law Update

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Several changes impacting employers in jurisdictions across the nation are summarized in our latest blog post. California - Effective July 1, 2024- On July 1, 2024, Governor Newsom signed Assembly Bill 2288 (A.B. 2288)...more

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