News & Analysis as of

Employment Policies Employer Liability Issues NLRB General Counsel

Bricker Graydon LLP

Employee Repayment Agreements - Safe from the NLRB?

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Consider finding a new job with a company: On your first day, the company explains that it will invest a significant amount of time and resources in training you. In return, the company expects you to sign a training...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

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Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more

Seyfarth Shaw LLP

NLRB General Counsel’s Expansion Of Remedies Could Pose New Liabilities And Headaches For Employers Who Simply Enforce Their...

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On April 8, 2024, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 24-04, which builds on previous GC memoranda from 2021 and 2022 where General Counsel Abruzzo announced her...more

Ervin Cohen & Jessup LLP

National Labor Relations Board Adopts Stricter Employer Workplace Rule Standard

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Under the National Labor Relations Act (NLRA), employees have “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage...more

Cozen O'Connor

Employment Law Now VII-138 - An Interview With the DOL, EEOC, and NLRB

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In today's new episode, Michael Schmidt interviews high-level officials from the United States Department of Labor (Solicitor of Labor Seema Nanda), the United States EEOC (Commissioner Andrea Lucas), and the NLRB (General...more

Fisher Phillips

Labor Board Signals Continued Expansion of Employee Rights: Your Questions Answered

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A recent Advice Memo issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) provides all employers – union and non-union alike – with yet another warning that more of your employment...more

Miller Canfield

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

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The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more

Dinsmore & Shohl LLP

NLRB Adopts Stricter Standard for Workplace Rules

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This week, the National Labor Relations Board (“NLRB”) adopted a somewhat new standard for evaluating employer work rules when they are challenged as being “facially unlawful” under Section 8(a)(1) of the National Labor...more

Hinshaw & Culbertson - Employment Law...

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

Maynard Nexsen

NLRB General Counsel Continues Push to Limit Employer Rights

Maynard Nexsen on

On August 12, 2021, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued GC Memo 21-04, Mandatory Submissions to Advice, which provided an extensive list of issues to be placed at the forefront of...more

Miller Nash LLP

NLRB General Counsel Issues Guidance on Severance Agreements for Union and Non-union Employers

Miller Nash LLP on

On March 22, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued formal guidance in response to inquiries about applying McLaren Macomb, 372 NLRB No. 58 (February 21, 2023). McLaren Macomb, which was...more

Akin Gump Strauss Hauer & Feld LLP

Update: NLRB’s General Counsel Provides Guidance on Severance Agreements with Broad Confidentiality and Non-Disparagement Clauses

Key Points - The NLRB’s General Counsel issued a memorandum providing her position on the NLRB’s recent decision in McLaren Macomb, holding that employers may not offer severance agreements with broad confidentiality or...more

Morgan Lewis

New NLRB Guidance Sheds Light on McLaren Decision and Severance Agreements

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National Labor Relations Board (NLRB or the Board) General Counsel (GC) Jennifer Abruzzo issued guidance on the Board’s recent decision regarding severance agreements. In McLaren Macomb, 372 NLRB No. 58, the Board found that...more

Hinshaw & Culbertson - Employment Law...

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

Dorsey & Whitney LLP

Tensions Continue to Rise as Labor Organizing and Enforcement Both Increase Going in to 2023

Dorsey & Whitney LLP on

As union organizing increases and covers industries not traditionally captured by unions, the landscape for employers is changing rapidly. Below are the key items employers (both union and non-union) should keep in mind for...more

Venable LLP

Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

Venable LLP on

The COVID-19 pandemic and the attendant shift toward remote work, together with recent technological advances, have drastically expanded the reach of employers' capacity to manage and monitor employees both in and outside of...more

Fisher Phillips

The Top 14 Workplace Law Stories from October 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Husch Blackwell LLP

The Labor Law Insider: Better Change Your Policies, Including Social Media

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Labor Law Insider host Tom Godar welcomes two new Labor Law Insiders as they discuss the shifting standards applied by the National Labor Relations Board (NLRB) to traditional employment policies found in almost every...more

Dorsey & Whitney LLP

How the NLRA Applies to All Workplaces, Not Just Unionized Ones: Implications for Workplace Conduct Policies, Social Media...

Dorsey & Whitney LLP on

When the subject of the National Labor Relations Act (the “NLRA,” or, more succinctly, the “Act”) is broached, employment lawyers often hear a familiar refrain: “The Act doesn’t apply to me because my employees are not...more

Morgan, Brown & Joy, LLP

Your Undergraduate Students Are Preparing For Unionization. Are You?

In recent months and weeks, undergraduate student union organizing has picked up pace rapidly. On March 22, 2022, Wesleyan University voluntarily recognized a bargaining unit of undergraduate resident advisors following a...more

Steptoe & Johnson PLLC

Mandatory Employer Meetings Now the Target of NLRB General Counsel’s Focus

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National Labor Relations Board (NLRB or the Board) General Counsel Jennifer Abruzzo indicated in a memo to regional directors this week that she is seeking to ban mandatory employee meetings, a tool that has been utilized by...more

Perkins Coie

Labor Law Today—2021 Year in Review

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The Board’s composition changed significantly during 2021, switching from a Republican to a Democrat-appointed majority. The five seats on the Board are traditionally filled by two Democrats, two Republicans, and a chairman...more

Proskauer - Labor Relations Update

We Knew This Was Coming: NLRB General Counsel Recommends Abandoning Workplace Rule and Confidentiality Rule Frameworks

As foreshadowed by the NLRB General Counsel’s August 2021 Advice Memorandum, the vacillating standard for the legality of employer handbooks and policies and confidentiality requirements during open employer-investigations...more

Hogan Lovells

NLRB general counsel urges Board to flip-flop on workplace rules standards

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Section 7 of the National Labor Relations Act (Act) gives employees the right “to engage in . . . concerted activities for the purpose of . . . mutual aid or protection.” One common issue that the National Labor Relations...more

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