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Oversalted: NLRB Judge Facilitates Union Organizing, Throws Out Noncompete/Nonsolicit Agreements

A National Labor Relations Board Administrative Law Judge recently found that a company violated the National Labor Relations Act (NLRA) by terminating a “union salt”— an organizer unions place at a workplace to unionize its...more

UAW Wins Big at VW; Now What?

The United Auto Workers won a potentially momentum-shifting organizing victory last week. In a secret ballot election conducted by the NLRB at a Chattanooga, Tennessee Volkswagen plant, nearly 75% of the putative bargaining...more

Federal Court Throws Out NLRB’s Controversial Joint Employer Rule

In a move welcomed by employers nationwide, a Texas federal court judge has vacated the National Labor Relations Board’s proposed joint employer rule. The decision, handed down late on March 8, 2024 by Judge J. Campbell...more

In Latest Pro-Labor Rulings, NLRB Sharply Curtails Management’s Ability to Change Union Workers' Employment Terms

In a pair of decisions issued on Aug. 30, 2023, the National Labor Relations Board (NLRB) established new, restrictive standards for evaluating when a unionized employer may avoid bargaining over changes to employees’ terms...more

NLRB's New Framework for Union Organizing Puts Employers at a Severe Disadvantage

The National Labor Relations Board has issued a groundbreaking decision that jettisons 50 years of established law to provide unions a more favorable framework to organize nonunion companies. On the heels of new rules...more

NLRB General Counsel Ratchets Up Effort to Prohibit Most Employment-Based Non-Competes

Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (NLRB), has called for non-compete agreements to be curtailed on a nationwide basis for a large swath of employees. In a recent memorandum – which is...more

NLRB Says No to Confidentiality, Nondisparagement Provisions in Severance Agreements

The National Labor Relations Board issued another ground-breaking decision on February 21, 2023, ruling that confidentiality and nondisparagement agreements commonly included in employment severance agreements may be deemed...more

Employers Watch Warily as Case Filings at NLRB Soar

While commentators debate whether or not the economy is in a recession, one area where business is booming is at the National Labor Relations Board, which recently announced a significant increase in case filings for the...more

NLRB Hands Unions Another Win; Requires Employers to Maintain Dues Checkoff Following Contract Expiration

For a second time in recent weeks, the National Labor Relations Board has chosen to bolster unions’ rights at employers’ expense. On September 30, 2022, in Valley Hospital Medical Center, Inc., 371 NLRB No. 160 (2022), a...more

NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at Workplace

A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the National Labor Relations Act...more

NLRB GC Seeks to Curtail Employers’ Defenses to Union Organizing Amidst Huge Increase in Union Election Petitions

On April 6, the National Labor Relations Board announced that union representation petitions filed with the agency during the first six (6) months of the fiscal year had increased 57% from the previous year....more

NLRB GC’s Extreme Agenda on Display at ABA Mid-Winter Meeting

Last week, the American Bar Association’s Section on Labor and Employment Law, Committee on the Developing Labor Law, gathered in Kauai for its annual mid-winter meeting, featuring presentations from top labor law attorneys...more

More Sound and Fury from the NLRB GC – Signifying What, Exactly?

NLRB General Counsel Jennifer Abruzzo announced, in a February 1 memorandum, that the Board will consider seeking interim injunctive relief – heretofore an extraordinary remedy reserved for particularly serious unfair labor...more

NLRB Complaint Suggests Employers Cannot Prohibit BLM Messaging in the Workplace

On December 3, Region 20 of the National Labor Relations Board issued a sweeping, consolidated complaint alleging that Whole Foods Market, Inc. violated federal labor law by maintaining and enforcing rules regarding workplace...more

Lessons for Management from the John Deere Strike

The John Deere Co. Strike – Sign of the Times? In case you missed it, a major battle between labor and management is playing out in the heartland. On October 14, over 10,000 UAW-represented workers at John Deere Co....more

NLRB General Counsel Signals Stronger Enforcement Actions Against Employers, Part Two: ‘Seeking Full Remedies’

Last month, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued not one, but two memoranda directing Regional Offices to pursue a vastly expanded array of “remedies” against employers in unfair labor...more

NLRB General Counsel Signals Much Stronger Enforcement Actions Against Employers

Last month, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued not one, but two memoranda directing Regional Offices to pursue a vastly expanded array of “remedies” against employers in unfair labor...more

PRO Act: Congress Considers Fundamental Changes To Federal Labor Law

Congress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide. The Protecting the Right to...more

Watch The Pendulum Swing – NLRB’s Acting GC Rolls Back Predecessor’s Guidance Memoranda

NLRB Acting General Counsel Peter Ohr is moving swiftly to put his stamp on national labor policy. Last week, my partner Andrew MacDonald blogged about Ohr’s withdrawal of a complaint that had challenged the use of a...more

NLRB Clarifies Joint-Employer Standard In Final Rule

The National Labor Relations Board recently issued its Final Rule (Rule) on the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The Rule, published on Feb. 26,, provides clarity...more

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