David Broderdorf on Section 7

NLRB Adopts New Standard for Assessing Facial Lawfulness of Employer Work Rules

The National Labor Relations Board (NLRB or the Board), in a 3-1 decision on August 1, 2023, once again overruled existing precedent and declared that all employer work rules that reasonably could be read to restrict Section...more

8/9/2023 / Employee Handbooks , Employee Rights , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Section 7

NLRB Returns to Liberalized Section 7 Protection for Workplace Misconduct Incidents

The National Labor Relations Board’s recent decision in Lion Elastomers reinstated setting-specific standards to assess how employers respond to employee misconduct, including potentially profane, discriminatory, and...more

5/5/2023 / Employee Misconduct , Employer Liability Issues , Employment Policies , NLRA , NLRB , Policies and Procedures , Section 7 , Title VII

New NLRB Guidance Sheds Light on McLaren Decision and Severance Agreements

National Labor Relations Board (NLRB or the Board) General Counsel (GC) Jennifer Abruzzo issued guidance on the Board’s recent decision regarding severance agreements. In McLaren Macomb, 372 NLRB No. 58, the Board found that...more

3/27/2023 / Confidentiality Agreements , Employer Liability Issues , Employment Policies , Hiring & Firing , NLRA , NLRB , NLRB General Counsel , Section 7 , Severance Agreements

Did Federal Labor Law Just Abolish Your Organization’s Dress Code or Uniform Policy?

The US National Labor Relations Board recently issued its first precedent-shifting decision under the Biden-Harris administration concerning employer dress codes and uniform policies. The Board, in a 3-2 split decision, held...more

9/2/2022 / Dress Codes , Employee Rights , Employer Liability Issues , Employment Policies , NLRA , NLRB , Section 7 , Special Circumstances Doctrine , Uniforms , Union Insignia , Unions

NLRB General Counsel Takes Aim at Employer Meetings on NLRA Activity, Including Union Election Campaigns

National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum 22-04 on April 7, taking the position that mandatory meetings held by employers addressing Section 7 activity are unlawful—including meetings...more

4/12/2022 / Employer Liability Issues , NLRA , NLRB , NLRB General Counsel , Section 7 , Unions

New NLRB General Counsel Announces Enforcement Priorities as Employers Prepare for Return of Obama-Era Precedent

Newly confirmed National Labor Relations Board General Counsel Jennifer Abruzzo announced her enforcement priorities in a lengthy memorandum released on August 12, 2021. The memorandum requires employers to rethink their...more

8/23/2021 / Biden Administration , Employer Liability Issues , Enforcement Priorities , Independent Contractors , NLRB , NLRB General Counsel , Section 7 , Unfair Labor Practices , Unions

NLRB Limits Protection Given to Abusive, Profane, or Offensive Workplace Conduct

The National Labor Relations Board has finally abandoned its problematic standard around the discipline and discharge of employees who engage in abusive conduct in connection with protected concerted activity. On July 21, the...more

7/28/2020 / Disciplinary Proceedings , Employer Liability Issues , General Motors , NLRA , NLRB , Offensive Language , Protected Concerted Activity , Section 7 , Unfair Labor Practices

David Broderdorf

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