Dan Altchek

Dan Altchek

Saul Ewing LLP

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National Labor Relations Board Lacks Authority to Award Damages Beyond Back Pay, According to Third Circuit Decision

On December 27, 2024, the U.S. Court of Appeals for the Third Circuit found that the National Labor Relations Board (NLRB) lacks the authority to order an employer to pay damages beyond what it unlawfully withheld from...more

1/23/2025  /  Back Pay , Damages , Employees , Employer Liability Issues , Employment Litigation , Labor Reform , Labor Regulations , NLRA , NLRB , Termination

NLRB Alleges that Reality TV Contestants Are “Employees” Subject to Labor Laws

Earlier this month, the General Counsel of the National Labor Relations Board (NLRB) issued a consolidated complaint charging the producers of the popular Netflix show “Love is Blind” with unfair labor practices for their...more

12/27/2024  /  Employee Definition , Employees , Employment Policies , Entertainment Industry , Independent Contractors , Labor Relations , NLRA , NLRB , Protected Concerted Activity , Unions

NLRB Decision Finds Overly Broad Non-competition and Non-solicitation Clauses Violate NLRA

On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly...more

7/16/2024  /  Administrative Law Judge (ALJ) , Collective Bargaining , Employee Rights , NLRA , NLRB , Non-Compete Agreements , Non-Solicitation Agreements , Restrictive Covenants , Unfair Labor Practices , Unions

Another NLRB ALJ Holds That Displaying “Black Lives Matter” Messaging at Work Is Not Protected by the NLRA

In Whole Foods Market, Inc., Case 01-CA-26183, JD(SF)-39-23 (Dec. 20, 2023), National Labor Relations Board (NLRB) Administrative Law Judge Ariel Sotolongo held that Whole Foods did not violate federal law by enforcing its...more

1/24/2024  /  Administrative Law Judge (ALJ) , Black Lives Matter , NLRA , NLRB , Race Discrimination

Employee Handbooks Should Be Reviewed Under New NLRB Ruling

Since 2017, employers have been able to rely on The Boeing Company, 365 NLRB No. 154 (2017) (“Boeing”), for relatively clear guidance on the lawfulness of their work rules (including employee handbook policies and manuals)....more

8/9/2023  /  Employee Handbooks , Employer Liability Issues , Employer Responsibilities , NLRA , NLRB

NLRB’s General Counsel Has Released Guidance on Confidentiality and Non-Disparagement Provisions

New Guidance for Employers on Severance/Separation Agreements - The National Labor Relations Board’s recent McLaren Macomb decision, discussed here, regarding the lawfulness of confidentiality and non-disparagement provisions...more

3/27/2023  /  Confidentiality Agreements , NLRA , NLRB , Non-Disparagement Provisions , Section 7 , Severance Agreements

Companies Must Now Be More Careful When Crafting Confidentiality and Non-Disparagement Provisions in Separation Agreements

The continued efforts of the National Labor Relations Board (NLRB) to roll back pro-employer rulings issued during the Trump Administration took a big jump forward recently when the Board effectively barred the use of certain...more

3/22/2023  /  Confidentiality Agreements , Hiring & Firing , NLRA , NLRB , Non-Disparagement Provisions , Section 7 , Severance Agreements

NLRB Moves Closer to Seismic Shift in College Sports — From “Student-Athlete” to Employee-Athlete

On December 15, 2022, the National Labor Relations Board’s Los Angeles regional office determined that an unfair labor practice charge (ULP) alleging that student-athletes should be classified as employees has “merit.” The...more

12/28/2022  /  College Athletes , NCAA , NLRB , Student Athletes , Unfair Labor Practices

NLRB Gives Workers and Unions an Early Holiday Gift with Four Significant Pro-Employee Decisions

Last week was a busy one for the National Labor Relations Board (NLRB). The agency came out with four significant decisions that either expanded or protected employee rights on issues such as monetary remedies, the right to...more

12/21/2022  /  Employee Rights , NLRB , Unfair Labor Practices , Unions

The NLRB Opens the Door for Student Unionization (Again)

The roller coaster ride for private colleges and universities seeking a final determination on whether student workers—including graduate assistants—have the right to unionize may not be over yet....more

3/17/2021  /  Colleges , NLRA , NLRB , Students , Unions , Universities

Four Labor and Employment Issues Impacting Higher Education

Saul Ewing Arnstein & Lehr’s Higher Education Practice continues to monitor the impact of the COVID-19 pandemic on the higher education industry. The below summarizes some recent issues being contended with unionized...more

4/2/2020  /  Collective Bargaining , Colleges , Educational Institutions , NLRA , NLRB , Unions , Universities
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