News & Analysis as of

NLRB General Counsel Unions Protected Concerted Activity

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Spring 2024

The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more

Benesch

NLRB Overturns Two Major Trump-Era Precedents

Benesch on

This week, the National Labor Relations Board (“NLRB”) issued a series of decisions overturning two major Trump-era precedents. On August 30, 2023, the NLRB overturned Raytheon Network Centric Systems with its decisions in...more

Nutter McClennen & Fish LLP

Reversing an Earlier Decision, the NLRB Insinuates Itself Further Into the Non-Union Workplace

In Stericyle, Inc., issued on August 2, 2023, the National Labor Relations Board (NLRB) discarded an earlier decision and established a new test for determining whether an employer’s work rule constitutes an unfair labor...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

Jackson Lewis P.C.

Top Five Labor Law Developments for April 2023

Jackson Lewis P.C. on

The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023)....more

Jackson Lewis P.C.

Labor Board Returns to Prior Standard, Limiting Employers’ Response to Abusive Workplace Conduct

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labor Relations Act. Lion Elastomers LLC...more

Seyfarth Shaw LLP

NLRB GC Abruzzo Charges Forward With Memos Detailing Controversial Labor Agenda

Seyfarth Shaw LLP on

On March 20, 2023, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 23-04. The memorandum is a follow-up to her August 12, 2021, GC Memo 21-04 (“Mandatory Submissions to Advice”),...more

Miles & Stockbridge P.C.

Game Changer: NLRB’s Los Angeles Office Says Student Athletes Can Unionize

Miles & Stockbridge P.C. on

The National Labor Relations Board’s Los Angeles Regional Office (LA Regional Office) decided last week that the University of Southern California, the Pac-12 Conference and the National Collegiate Athletic Association (NCAA)...more

Hogan Lovells

NLRB General Counsel seeks to further shake up college sports

Hogan Lovells on

Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under Section 2(3) of the National Labor Relations Act...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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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

Morgan Lewis

NLRB General Counsel Says College Athletes Are Statutory ‘Employees’ in Memo with Broad Implications

Morgan Lewis on

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum stating that, in her prosecutorial view, college athletes are statutory employees under the National Labor Relations Act...more

Fisher Phillips

Protected Concerted Athletic Activity? Labor Memo Calls for Employee Status for College Athletes

Fisher Phillips on

A new memo from the National Labor Relations Board (NLRB) could pave the way for student-athletes at private universities to unionize, or at least fall within the jurisdiction of the NLRB when engaging in concerted activity....more

Littler

The NLRB’s New General Counsel Issues First Guidance Memorandum Foreshadowing Reversal of Key Board Decisions

Littler on

There’s a new sheriff in town at the National Labor Relations Board, and she is charting a new course for the Board.  On August 12, the NLRB's new general counsel (GC), Jennifer Abruzzo, issued Memorandum 21-04, instructing...more

Seyfarth Shaw LLP

Don’t Let the Pendulum Hit You as it Swings: NLRB General Counsel Previews a Pro-Labor Agenda

Seyfarth Shaw LLP on

With a new President comes a shift in the balance of power at the National Labor Relations Board. To start, shortly after President Biden took office in January, the NLRB’s sole Democrat, Chairman McFerran, issued several...more

Proskauer - Labor Relations Update

The NLRB’s Recently Seated General Counsel Plots Entirely New Direction for the Board

Less than a month after being sworn in as the new General Counsel of the NLRB, Jennifer Abruzzo defined a bold new direction for the Board’s enforcement priorities in a memo issued on August 12, 2021.  The memo, Mandatory...more

Husch Blackwell LLP

NLRB General Counsel’s Wish List: Reverse The Trump Board

Husch Blackwell LLP on

After President Biden won the November 2020 general election, nobody really expected the National Labor Relations Board’s (“NLRB’s”) employer-friendly doctrines to survive the new Administration. And they won’t...more

BakerHostetler

[Podcast] Vigorous Enforcement Ahead: Understanding and Preparing for the NLRB's Expanded View of Protected Concerted Activity

BakerHostetler on

Jeremy Hart, an attorney in BakerHostetler’s Labor and Employment Group, discusses what employers need to know about the National Labor Relations Board’s expanded view of protected concerted activity. How does the NLRB’s...more

Poyner Spruill LLP

Increased NLRA Enforcement

Poyner Spruill LLP on

On March 31, 2021, Peter Sung Ohr, Acting General Counsel of the National Labor Relations Board (NLRB) issued Memorandum GC 21-03 to all regional field offices describing changes to enforcement priorities under Section 7 of...more

Epstein Becker & Green

NLRB General Counsel Reveals Intent to Expand Section 7 Protections

Epstein Becker & Green on

On March 30, 2021, the Office of General Counsel of the National Labor Relation Board (“NLRB” or “Board”) released an Obama-era Advice Memorandum, originally prepared in 2016, opining that racially charged comments were...more

Jackson Lewis P.C.

Labor Board General Counsel Announces ‘Vigorous Enforcement’ Of Protected Concerted Activity Charges

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr (AGC) has announced in a memorandum that his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the...more

BakerHostetler

[Podcast] NLRB Decisions on the Chopping Block: Expected Changes from the Board that May Affect Employers

BakerHostetler on

Jeremy Hart an attorney in BakerHostetler’s Labor and Employment Group, discuss the top five NLRB decisions on the chopping block that are expected with the Biden Administration and potential consequences of the National...more

Proskauer - Labor Relations Update

NLRB: An Inference of Union Animus Must Be Grounded in Sufficient Supporting Evidence under Wright Line

When an employee is disciplined and then claims the employer acted on account of union animus in violation of Section 8(a)(3) of the Act, evidence to support such a claim either can be proffered through direct evidence, such...more

Sheppard Mullin Richter & Hampton LLP

GC Finds Merit in COVID-19 Related ULP Cases in GC Memo 20-14

On September 18, the Board’s GC issued GC Memo 20-14, entitled Summaries of Advice Merit Determinations Related to Coronavirus Disease 2019 Issues for the purpose of giving the public a better understanding of the GC’s...more

Ballard Spahr LLP

NLRB General Counsel Releases Slew of Advice Supporting Employers on Pandemic-Related Actions

Ballard Spahr LLP on

On August 13, 2020, the National Labor Relations Board (NLRB) Division of Advice released five memoranda in which the General Counsel directed NLRB regional offices to dismiss pandemic-related charges filed by unions and...more

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