On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the...more
Last May, NLRB General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08 claiming employers that require non-compete agreements violate the National Labor Relations Act. GC Memo 23-08 did not expressly condemn...more
On August 25, 2023, the National Labor Relations Board (“NLRB” or “Board”) released its highly anticipated decision in Cemex Construction Materials Pacific (“Cemex”), NLRB Case No. 28-CA-230115. Cemex involved allegations...more
On May 30, 2023, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08, Non-Compete Agreements that Violate the National Labor Relations Act. In the memorandum, Abruzzo urges the National Labor Relations Board to...more
On April 20, 2023, a three-member panel of the National Labor Relations Board (Board) ruled 2-1 in Noah’s Ark Processors LLC, 372 NLRB No. 80 (2023), that a combination of remedies imposed for unfair labor practices by an...more
4/26/2023
/ Administrative Law Judge (ALJ) ,
Bad Faith ,
Collective Bargaining ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unfair Labor Practices ,
Unions
On January 17, 2023, a divided D.C. Circuit panel struck down three provisions of the National Labor Relations Board’s 2019 final rule on representation case procedures related to union elections, while upholding two...more
Technology has revolutionized the workplace and has bolstered business operations and efficiency. Employers are increasingly using automated management systems and other electronic means to ensure that their workplaces are...more
11/4/2022
/ Artificial Intelligence ,
Automation Systems ,
Employee Monitoring ,
Employee Privacy Rights ,
Employee Rights ,
Employee Tracking ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Remote Working ,
Statutory Violations ,
Surveillance
On June 23, 2022, National Labor Relations Board General Counsel Jennifer Abruzzo released Memorandum GC 22-06, relating to her efforts “to secure full remedies” in settlements with the Board. This follows on her prior...more
National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled...more
4/13/2022
/ Biden Administration ,
Collective Bargaining ,
Employee Rights ,
Employer Rights ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Statement ,
Regulatory Agenda ,
Union Elections ,
Unions
National Labor Relations Board General Counsel (GC) Jennifer Abruzzo recently issued a hard-hitting Memorandum urging the Board’s regional offices to consider closely the full scope of aggressive remedies she deems available...more
As the National Labor Relations Board moves toward resuming manual elections during the COVID-19 pandemic, the Board’s Final Election Protection Rule will take effect on July 31, 2020. The Board’s Notice of Proposed...more
In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more
9/16/2019
/ Administrative Law Judge (ALJ) ,
AFL-CIO ,
Appeals ,
Contract Negotiations ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Internal Investigations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Remand ,
Section 7 ,
Strike ,
Unions ,
Wrongful Termination
On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103. The first...more
8/13/2019
/ Collective Bargaining ,
Construction Industry ,
Employee Rights ,
Labor Law Violations ,
Labor Regulations ,
Labor Relations ,
NLRB ,
Notice Requirements ,
NPRM ,
Proposed Amendments ,
Regulatory Agenda ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
In a 3-1 decision, the National Labor Relations Board (Board) in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), adopted a new standard that applies to an employer’s anticipatory withdrawal of union recognition, and...more