Andrew Williamson on NLRB

Reshaping Federal Labor Policy: Acting NLRB General Counsel Rescinds Numerous Biden-Era Guidance Memos

On February 14, 2025, National Labor Relations Board (“NLRB” or “Board”) Acting General Counsel William Cowen issued the first General Counsel memorandum (“GC Memo”) of the second Trump administration, GC 25-05....more

2/18/2025 / Employment Contract , Employment Litigation , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Severance Agreements , Unfair Labor Practices

NLRB General Counsel Continues Targeting Non-Competes And Other Standard Employment Fare

Since being confirmed by the Senate in July 2021, National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer Abruzzo has issued 26 memoranda. Many of the GC Memos issued during GC Abruzzo’s tenure present...more

10/9/2024 / Employer Liability Issues , Employment Contract , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Section 7

NLRB ALJ Finds Post-Employment Non-Compete and Non-Solicit Provisions Unlawful

Employers’ use of non-compete agreements have been subject to increasing scrutiny from federal agencies in the past year or so. More recently, the balance of discussion surrounding regulatory efforts to curtail the use of...more

7/5/2024 / Employment Contract , NLRA , NLRB , Non-Compete Agreements , Non-Solicitation Agreements , Restrictive Covenants

A Comprehensive Update on Recent Federal and State Efforts to Limit the Use of Employee Non-Compete Agreements

Federal and state efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year. As Kilpatrick’s labor and employment team has written about previously,...more

2/21/2024 / Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , NLRA , NLRB , Non-Compete Agreements , Popular , Restrictive Covenants , Section 7

Recognition Without an Election: NLRB Tweaks and Resurrects Joy Silk

The National Labor Relations Board (“NLRB” or “Board”) continued its aggressive efforts to curtail longstanding management rights under federal labor law, this time by reviving key features of a long-dormant legal doctrine...more

8/28/2023 / Employer Liability Issues , NLRA , NLRB , Unfair Labor Practices , Unions

NLRB Finalizes Rule Restoring Expedited Election Rules

Today the National Labor Relations Board (“Board” or “NLRB”) issued a Final Rule amending its procedures governing representation election. The new rule restores the 2014 “quickie” or “ambush” election rules, which will...more

8/25/2023 / Employer Liability Issues , Final Rules , NLRB , Unions

NLRB Reverses Standard for Evaluating Workplace Rules

The National Labor Relations Board (the “Board” or “NLRB”) has (again) changed federal labor law in favor of employees. The latest reversal concerns the Board’s standard for evaluating the legality of neutral workplace rules...more

8/4/2023 / Employee Rights , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Section 7

NLRB General Counsel: Most Non-Compete Agreements Violate Federal Labor Law

Historically, non-compete agreements between employer and employee have been matters of state law. However, in recent years, federal agencies have commenced efforts to curtail their use. For example, the Federal Trade...more

6/6/2023 / Employer Liability Issues , Federal Labor Laws , Labor Law Violations , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants

Employers Beware: Pendulum Continues To Swing In Favor Of Unions

Since President Biden took office and subsequently appointed union attorney Jennifer Abruzzo to the General Counsel role, the National Labor Relations Board (the “Board” or “NLRB”) has issued pro-union decision after...more

12/22/2022 / Collective Bargaining , Employer Liability Issues , NLRB , Unfair Labor Practices , Unions

NLRB Seeks to Make Union Removal More Difficult

On November 3, 2022, the National Labor Relations Board issued a proposed rule that would rescind a 2020 rule issued under the Trump Administration and make it more difficult for workers who are dissatisfied with their unions...more

11/8/2022 / Collective Bargaining , Comment Period , Employer Liability Issues , NLRB , Unfair Labor Practices , Unions

NLRB Proposes New Joint Employer Rule

Yesterday, the National Labor Relations Board released a Notice of Proposed Rulemaking, proposing to rescind and replace its 2020 rule concerning the standard for determining whether multiple entities are joint employers...more

9/7/2022 / Comment Period , Employer Liability Issues , Joint Employers , NLRA , NLRB

Andrew Williamson

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