Following the National Labor Relations Board’s (“NLRB”) highly-controversial decision in McLaren Macomb declaring most confidentiality and non-disparagement clauses in separation agreements to be unlawful, General Counsel...more
The NLRB’s Division of Advice recently released a long-awaited Advice Memorandum (originally issued in February 2019, Chipotle Mexican Grill, Case 28-CA-229134 (Feb. 22, 2019)) concerning the validity of two workplace rules...more
12/2/2020
/ Boeing ,
Civility ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Government Investigations ,
NLRA ,
NLRB ,
Protected Activity ,
Reasonableness Factors ,
Section 7
On July 15, 2020, the National Labor Relations Board’s (“NLRB”) Division of Advice published 16 Advice Memoranda addressing myriad questions posed by various Regional Offices.
While a majority of the Memoranda were drafted...more
7/22/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Handbooks ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Infectious Diseases ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Protected Concerted Activity ,
Regulatory Standards ,
Section 7 ,
Unfair Labor Practices
As we previously suggested, the NLRB’s adoption of the Boeing standard for determining the lawfulness of employer’s workplace rules, policies and handbook provisions has provided significant fodder for interesting cases....more
6/1/2020
/ Administrative Law Judge (ALJ) ,
Boeing ,
Coronavirus/COVID-19 ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7
In maintaining business as usual as best it can amidst the ongoing COVID-19 crisis, the Board recently decided an issue concerning limitations on employer campaign tactics, and an employer’s limits in restricting discussions...more