News & Analysis as of November 17, 2024

Appeals

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams and Reese LLP on 4/12/2024

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

Employment Litigation Roundup: October 2023

Seward & Kissel LLP on 11/1/2023

October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges - Compilation of...more

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

Littler on 9/16/2019

In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more

March 2019: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 4/10/2019

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

Better for Everyone: Implementing Your Mandatory Arbitration Program

Winstead PC on 6/19/2018

Mandatory arbitration agreements for employees have been enforceable for decades. Over the last several years, there has been an ongoing controversy between the Fifth Circuit Court of Appeals, among others, and the National...more

Employment Law - October 2017

Manatt, Phelps & Phillips, LLP on 10/23/2017

Employer Bound by Oral Contract, California Appellate Court Affirms - Why it matters - Upholding an oral contract, the California Court of Appeal agreed with an employee that she should be paid a commission for certain...more

March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful Says D.C. Circuit Court

Mintz - Employment Viewpoints on 4/3/2017

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal...more

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Proskauer - Minding Your Business on 2/17/2017

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent decisions in California—one administrative and one in the 9th Circuit—recently...more

Ninth Circuit: Arbitration Agreements Cannot Require Employees to Individually Arbitrate Claims in Separate Proceedings

Morgan Lewis on 9/1/2016

The Ninth Circuit is the latest court to consider the NLRB’s position that class and collective action waivers violate the NLRA; here, the court ruled that an arbitration agreement that completely prevents employees from...more

NLRB Again Attempts to Invalidate Mandatory Arbitration Clauses for Employment Claims

Mintz - Employment, Labor & Benefits... on 12/10/2014

In its Murphy Oil decision, the National Labor Relations Board affirmed its 2012 holding in D. R. Horton, which found an employer violates the NLRA when it requires employees “as condition of their employment, to sign an...more

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