Managing Employee Compliance in Highly Regulated Industries — Hiring to Firing Podcast
The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education
Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare
Protecting Trade Secrets When Facing Lawsuits or Alternative Dispute Resolution Procedures
Episode 138 -- Employee Relations and Engagement in the COVID-19 Pandemic Era
Day 19 of One Month to More Effective Continuous Improvement-Use of Social Media for Continuous Improvement
An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more
In May 2023, the General Counsel of the National Labor Relations Board (“NLRB”) published a memorandum stating that an employer who requires a nonmanagerial/nonsupervisory employee to sign a noncompete agreement violates...more
Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed...more
Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters...more
The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants...more
The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more
Two recent developments involving the National Labor Relations Board’s scrutiny of restrictive covenant agreements, per its general counsel’s Memorandum 23-08, have provided a mix of good and bad news for employers. On one...more
On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements, including non-disclosure, confidentiality, and non-compete agreements. Employers need to...more
As recently foreshadowed, the National Labor Relations Board (“NLRB” or “Board”) now appears poised to weigh in on whether noncompete agreements, even those that may be legal under state law, violate the National Labor...more
The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a...more
On August 2, 2023, the National Labor Relations Board (“NLRB”), with a majority of members nominated by President Biden, issued a long-awaited decision in Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113 (2023))...more
For more than 50 years, the National Labor Relations Board had held — with Supreme Court approval — that when a union claimed to represent an employer’s workforce, the employer could refuse to recognize the union, leaving the...more
The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more
On August 2, 2023, the NLRB issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023) which adopts a new legal standard for evaluating whether employer workplace policies violate the NLRA. The decision supplants a more...more
On August 2, 2023, the National Labor Relations Board (“NLRB”) issued a new legal standard to determine whether an employer’s workplace policy is “facially unlawful” under Section 8(a)(1) of the National Labor Relations Act....more
The National Labor Relations Board (NLRB) kicked off the month of August with a decision that will have rippling effects on workplace policies. In Stericycle, Inc., the NLRB introduced new, stricter standards for...more
On August 2, 2023, the National Labor Relations Board (NLRB or the Board) decided a case called Stericycle, Inc. This case is the latest in what has been a continued effort to roll back precedents set under the Trump...more
On August 2, the National Labor Relations Board issued its decision in Stericycle, Inc., adopting a new legal standard for how the Board will evaluate workplace rules and policies that are challenged on the grounds that they...more
So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more
The pace of innovation is astounding—jarring, really. Sure, “Artificial Intelligence” has been a topic of public conversation for decades. Many of us remember when Deep Blue beat Garry Kasparov at chess in 1997, and when...more
On May 30, 2023, NLRB General Counsel Jennifer Abruzzo released a memorandum taking a strong position against the use of noncompete provisions in employment contracts, stating that such provisions generally violate the...more
In recent years, non-compete agreements have been a subject of scrutiny in the United States, with concerns raised over their potential impact on employee mobility and labor market competitiveness. In 2021, President Joe...more
Employers must be cautious in disciplining employees for offensive or abusive conduct directed at management in the workplace in light of standards recently reestablished by the National Labor Relations Board (“NLRB”)....more
The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more