The National Labor Relations Board (NLRB or Board) has been using a caffeinated approach to challenge employers in unfair labor practice disputes, with Section 10(j) injunction petitions at the top of the menu, often...more
8/14/2024
/ Employees ,
Employment Litigation ,
Labor Relations ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Starbucks ,
Unfair Labor Practices ,
Union Organizers ,
Unions
Employers, whether they have unionized employees or not, must navigate the aftermath of another change in the ever-evolving landscape of labor law. A recent National Labor Relations Board (NLRB or Board) decision has sent...more
The National Labor Relations Board (NLRB or Board) is making waves yet again. This time the NLRB has held that certain confidentiality and non-disparagement clauses in severance agreements violate Section 7 rights under the...more
3/3/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employee Handbooks ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements
Imagine this: a nurse leaves the operating room during spinal surgery to participate in a union action, the employer terminates the nurse, and the National Labor Relations Board (NLRB) holds that the employer violated federal...more
1/4/2023
/ Employee Monitoring ,
Employee Rights ,
Employer Liability Issues ,
Labor Disputes ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Surveillance ,
Unfair Labor Practices ,
Unions
Imagine this, an employee writes profanity (“whore board”) on a company bulletin board, the employer terminates the employee for the profanity, and the National Labor Relations Board (“NLRB”) holds that the employee’s...more
Last year we warned that the NLRB pendulum was swinging pro-union, but even we could not have predicted just how swiftly the pendulum swing would happen. In the past year alone, General Counsel Jennifer Abruzzo of the...more
When President Biden took office in 2021, he vowed to be the “most pro-union president” this country has ever seen. Although President Biden was unable to deliver some key worker legislation during his first year in office,...more
Consider this: the General Counsel of the National Labor Relations Board has opined that some student-athletes at the collegiate level are “employees” for purposes of the right to engage in protected concerted activity, and...more
11/15/2021
/ Brand ,
Collective Bargaining ,
College Athletes ,
Compensation ,
Educational Institutions ,
Employee Rights ,
Intellectual Property Protection ,
Labor Reform ,
Name and Likeness ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Section 7 ,
Student Athletes