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NLRB Imposes Stricter Independent Contractor Test on Employers

Introduction - On 13 June 2023, the National Labor Relations Board held, in The Atlanta Opera, Inc., that it would return to a prior, employee-friendly standard for determining whether workers are employees or independent...more

NLRB General Counsel Seeks to Outlaw Most Noncompetition Agreements

Introduction - On 30 May 2023, the Office of the General Counsel (the General Counsel) of the National Labor Relations Board (the Board) issued a policy memo (30 May GC Memo) expressing its position that noncompetition...more

NLRB Expands Protections for Employee Abusive Conduct, Returns to Setting-Specific Standards

INTRODUCTION - On 1 May 2023, the National Labor Relations Board (NLRB or Board) held in Lion Elastomers1 that whether employers violate the National Labor Relations Act (NLRA or Act) when they take adverse employment action...more

NLRB Imposes Broad Restrictions on Severance Agreements

Introduction - On 21 February 2023, a divided National Labor Relations Board (NLRB or Board) held in McLaren Macomb that employers violate the National Labor Relations Act (NLRA or Act) when they present employees with...more

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