Tom Luetkemeyer

Tom Luetkemeyer

Hinshaw & Culbertson LLP

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Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but...more

10/11/2024  /  Contract Terms , Employees , Employer Liability Issues , Employment Contract , Hiring & Firing , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Policy Memorandums , Restrictive Covenants , Section 7 , Unfair Labor Practices

U.S. Supreme Court Rejects Relaxed Standard for Injunctive Relief Under Section 10(j) of the National Labor Relations Act

On June 13, 2024, the U.S. Supreme Court, in Starbucks Corp. v. McKinney (National Labor Relations Board), No. 23-367, rejected the arguments of the National Labor Relations Board (the “Board”) to relax the standard that a...more

6/21/2024  /  Injunctive Relief , NLRA , NLRB , Preliminary Injunctions , SCOTUS , Starbucks , Starbucks Corp. v McKinney , Unfair Labor Practices , Union Organizers , Unions

NLRB Reverses 50-Year Precedent and Lessens Standard for a Bargaining Order Without a Secret Ballot Election

The National Labor Relations Board (NLRB) reversed over fifty years of established precedent on August 25, 2023, when it decided to overrule its 1971 decision in Linden Lumber and reinstate a modified version of its 1949 Joy...more

8/28/2023  /  Collective Bargaining , Collective Bargaining Agreements (CBA) , NLRA , NLRB , Secret Ballot , Unfair Labor Practices , Union Elections , Unions

NLRB General Counsel Memo Argues Non-Compete Agreements Violate the NLRA

The General Counsel of the National Labor Relations Board (the Board) took aim at non-compete and non-solicitation agreements in Memorandum GC 23-08, issued on May 30, 2023. The General Counsel of the Board, Jennifer Abruzzo,...more

6/5/2023  /  Employer Liability Issues , Employment Policies , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Section 7 , Unions

NLRB Decision that Broadly-Worded Confidentiality Provisions in Separation Agreements are Unlawful Raises Important Questions

The National Labor Relations Board (NLRB) recently issued a controversial decision concerning the use of non-disparagement and confidentiality provisions by employers in separation agreements. In McLaren Macomb and Local 40,...more

2/24/2023  /  Employer Liability Issues , Employment Policies , NLRA , NLRB , NLRB General Counsel , Section 7 , Unfair Labor Practices

General Counsel of NLRB Seeks to Revoke Right of Employers to Recognize a Union on a Voluntarily Basis and Insist on a Private...

Voluntary recognition of a union as the exclusive bargaining representative for employees within an identified bargaining unit of the employer can have potentially game-changing consequences for an employer. However, if the...more

6/13/2022  /  Bargaining Units , Collective Bargaining , Employer Liability Issues , NLRA , NLRB , Secret Ballot , Union Elections , Unions

The Scabby Saga Continues

The battle over Scabby the Rat took another turn on July 21, 2021, when the National Labor Relations Board issued its anticipated decision and order in International Union of Operating Engineers, Local 150 and Lippert...more

7/27/2021  /  Employee Rights , Employment Policies , First Amendment , Labor Disputes , NLRA , NLRB , Secondary Boycott , Strike , Unfair Labor Practices , Union Representatives , Unions

Why Employers Need to Pay Special Attention to the Protect the Right to Organize Act of 2021

With little fanfare or press coverage, the United States House of Representatives passed a sweeping bill on March 9, 2021, that would amend provisions of federal labor law that in some cases have been in place as long ago as...more

4/22/2021  /  Browning-Ferris Industries of California Inc. , Collective Bargaining , Employer Liability Issues , Federal Labor Laws , Independent Contractors , Joint Employers , NLRA , NLRB , Unions

Escape Clause in Mandatory Arbitration Agreement Carries the Day for Employer in NLRB's Unfair Labor Practice Analysis

Historically, there has been a "push and pull" between the National Labor Relations Board (Board) and employers over mandatory arbitration agreements and class action waivers. Although most of the disputes have been resolved...more

8/25/2020  /  Administrative Law Judge (ALJ) , Arbitration Agreements , Contract Terms , Employment Contract , Mandatory Arbitration Clauses , NLRB , Retroactive Application , Savings Clause , Section 7 , Unfair Labor Practices

NLRB Clarifies its Section 7 Evidentiary Standard for Evaluating Employer Discipline for Employee Abusive Conduct

Last September, we anticipated a change in National Labor Relations Board (Board) policy regarding the evidentiary standard for resolving unfair labor practice charges related to employer discipline of employee abusive...more

8/6/2020  /  Abusive Acts , Disciplinary Proceedings , Employee Misconduct , Equal Employment Opportunity Commission (EEOC) , Evidentiary Standards , NLRB , Section 7 , Unfair Labor Practices , Wright Line Test

D.C. Circuit Instructs NLRB to Revisit its Approach to Balancing Section 7 Rights with Other Employer Obligations

The Court of Appeals for the D.C. Circuit recently remanded a decision of the National Labor Relations Board (the "Board"), thus compelling the Board to revisit and clarify its position on the scope of Section 7 protection...more

1/13/2020  /  Appeals , Equal Employment Opportunity Commission (EEOC) , NLRA , NLRB , Section 7

NLRB Restricts Employee Use of Employer-Provided Email for Section 7 Purposes

Earlier this week, the National Labor Relations Board ("Board") issued an important decision, returning to its prior precedent with respect to employee use of employer-provided email for Section 7 purposes. In Caesars...more

12/20/2019  /  Email , Email Policies , NLRA , NLRB , Section 7 , Social Media

NLRB Clarifies "Wright Line" Test

When motive is at issue in resolving certain unfair labor practices under the National Labor Relations Act (NLRA), the National Labor Relations Board (the Board) utilizes the burden-shifting framework established under Wright...more

12/12/2019  /  Burden-Shifting , NLRA , NLRB , Termination

NLRB Provides Section 7 Guidance to Employers Regarding Drafting of Arbitration Agreements

There is an ongoing tension between the National Labor Relations Board (the "Board") and employers who seek to expand the use of an arbitration forum to resolve employment disputes. The U.S. Supreme Court has continued to...more

10/24/2019  /  Arbitration Agreements , Mandatory Arbitration Clauses , NLRA , NLRB , Section 7

The Suggestion Box: Useful Management Tool or Unlawful Solicitation of Grievances

T-Mobile USA, Inc. ("T-Mobile") in 2015 created T-Voice, a nationwide program through which customer service representatives could submit "pain points" regarding certain aspects of the job, including ideas to improve customer...more

10/17/2019  /  Customer Service Standard , NLRA , NLRB , T-Mobile

NLRB Proposes Rule that Would Deny Undergraduate and Graduate Students the Right to Unionize

The National Labor Relations Board (NLRB) has proposed a new rule which would exclude undergraduate and graduate students from coverage under Section 2(3) of the National Labor Relations Act (NLRA). Specifically, students who...more

10/1/2019  /  Collective Bargaining , Colleges , Graduate Students , NLRA , NLRB , Student Employees , Students , Unions , Universities

NFL Running Back Union Blocked in Attempt to Form Separate Bargaining Unit

A unit clarification petition filed by the fledgling International Brotherhood of Professional Running Backs (IBPRB) was dismissed on September 17, 2019, by the Acting Regional Director of Region 13 of the National Labor...more

9/23/2019  /  Bargaining Units , Football , NFL , NLRB , Unions

NLRB Deals Another Blow to Obama-Era Micro-Units

From an employer's perspective, one of the most challenging decisions to come out of the Obama-era National Labor Relations Board (NLRB) was the concept of "micro-units" within an employer's organizational structure. Under...more

9/19/2019  /  Bargaining Units , Micro-Unions , NLRB , Unions

NLRB to Revisit Issue of When Employees Lose NLRA Section 7 Protection When Using Threatening and Demeaning Language

While discussing work assignments with his supervisor, an employee uses abusive and profane language. In another incident, the employee disrupts a workplace meeting by playing loud music with racial and political overtones....more

9/16/2019  /  Disciplinary Proceedings , NLRA , NLRB , Protected Concerted Activity , Section 7

NLRB Reverses Itself and Broadens Employer Property Rights in Restricting Access to Non-Employee Union Agents

The National Labor Relations Board (NLRB) has revisited the issue of when an employer may restrict access to its private property by non-employee union agents. In Kroger Limited Partnership, a union business agent was denied...more

9/13/2019  /  Kroger , NLRA , NLRB , Private Property , Unions

A "Perfectly Clear" Successor Under the NLRB is Less Than Perfectly Clear

A recent decision by a three judge panel of the federal D.C. Circuit Court of Appeals highlights potential pitfalls for successor employers who want to establish new compensation terms. In First Student, Inc., the D.C....more

9/9/2019  /  Appeals , Corporate Counsel , NLRA , NLRB , SCOTUS , Unfair Labor Practices

NLRB Ruling: Simply Misclassifying Workers is Not an Unfair Labor Practice

The National Labor Relations Board (NLRB) continues to retreat from its previously expansive approach to what might be considered interference with Section 7 rights under the National Labor Relations Act (the "Act")....more

9/4/2019  /  Employee Definition , Independent Contractors , Misclassification , NLRA , NLRB , Section 7 , Unfair Labor Practices

The Fight for $15 and the NLRB

In-N-Out Burger, Incorporated (In-N-Out) found itself on the wrong side of National Labor Relations Board (NLRB) unfair labor practice proceedings for prohibiting its employees from "wearing any type of pin or stickers" on...more

7/11/2018  /  Corporate Counsel , In-N-Out , NLRA , NLRB , Uniforms

NLRB Evaluates Personnel Handbook for Section 7 Compliance and Finds Moonlighting Policy Unlawful

Nicholson Terminal & Dock Company ALJ Decision (07-CA-187907) An Administrative Law Judge (ALJ) of the National Labor Relations Board (NLRB) recently evaluated Nicholson Terminal & Dock Company's (Nicholson) Personnel...more

6/6/2018  /  Administrative Law Judge (ALJ) , Corporate Counsel , Employee Handbooks , Moonlighting , NLRB , Section 7

Labor & Employment Legislative Update - September 2017

A number of key legislative initiatives are currently pending before Congress which, if passed, will significantly impact the rights of employers and employees. These bills address a variety of subjects, including union...more

9/27/2017  /  Corporate Counsel , E-Verify , Employee Privacy Rights , Employment Eligibility Verification , Joint Employers , Medical Leave , NLRA , NLRB , Paid Family Leave Law , Quickie Election Rules , Unions , Wellness Programs
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