News & Analysis as of

Unfair Labor Practices

Morgan Lewis

NLRB Restrains Employer Speech, Finds Captive-Audience Meetings Unlawful

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A split National Labor Relations Board recently issued its decision in Amazon.com Services LLC, ruling an employer violates the National Labor Relations Act by mandating employees attend a meeting in which the employer...more

Littler

The NLRB Decision on Mandatory Employer Meetings Has Other, Less Obvious Implications for Employers

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The recent NLRB decision finding that mandatory employer meetings involving unionization discussions are unlawful includes other points that will affect employers....more

Littler

NLRB Jettisons 76-Year-Old Precedent Covering Workplace Meetings

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Since 1948, Section 8(c) of the National Labor Relations Act (NLRA) had been interpreted to protect the First Amendment right of employers to bring employees together to exchange views, arguments, and opinions about...more

Hinshaw & Culbertson - Employment Law...

Taking a Deeper Look at the Implications of the NLRB Declaring Captive-Audience Meetings Unlawful

On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision in Amazon.com Services LLC, holding that "captive-audience meetings" are unlawful under the National Labor Relations Act (NLRA). This decision...more

Blank Rome LLP

NLRB Overturns Two Decades-Old Precedents Relating to What Employers Can Say to Employees Regarding Views on Unions

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With a new administration looming, the National Labor Relations Board (“Board”) recently issued two decisions that radically depart from established law about what an employer can say and how an employer can lawfully meet...more

Parker Poe Adams & Bernstein LLP

NLRB Issues Two Decisions Limiting Management's Ability to Contest Unionization

During union representation campaigns, it is common for employers to advise employees of the downsides posed by union recognition. The current National Labor Relations Board (NLRB) has criticized these tactics, alleging that...more

Miller Canfield

NLRB Shuts Down Mandatory Meetings on Union Views - But for How Long?

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Can employers force workers to sit through a meeting where its (critical) views of unionization are presented to dissuade them from joining a union? On November 13, 2024, the National Labor Relations Board (“NLRB”) ruled that...more

Fisher Phillips

The End of Mandatory Captive Audience Meetings? 5 Tips for Adapting to the NLRB’s Latest Departure from Decades of Past Precedent

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The National Labor Relations Board just banned mandatory employee meetings for purposes of discussing the subject of union representation – so-called “captive audience” meetings – and placed new restrictions on an employer’s...more

Jackson Lewis P.C.

NLRB Overrules Standard on Employer Predictions for How Unionizing Impacts Employer-Employee Relationship

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The National Labor Relations Board once again has reversed precedent. It will now use a case-by-case analysis to determine whether an employer’s statements about the negative impacts of unionization on the relationship...more

Epstein Becker & Green

#WorkforceWednesday®: What a Trump Win Means for Unions - Employment Law This Week®

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This week, we're analyzing how the upcoming Trump administration may affect National Labor Relations Board (NLRB) policies and enforcement priorities promoting union activity, recent court decisions on union protections, and...more

Morgan Lewis

NLRB Changes Standard for Lawful Employer Statements During Union Organizing Campaigns

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The National Labor Relations Board (NLRB or the Board) issued its decision on November 8, 2024 in Siren Retail Corp. d/b/a Starbucks, which changes the test for determining what an employer may lawfully say during an...more

Benesch

NLRB Decision Makes it Considerably Riskier to Make Honest Statements About the Impact of Unionization

Benesch on

On November 8, 2024, the National Labor Relations Board (the “Board”) handed down its decision in Siren Retail Corp. d/b/a Starbucks, 373 NLRB 135, turning 40-year-old precedent regarding what employers can and cannot...more

Benesch

Teamsters Test the Bounds of the NLRB’s Cemex Decision, Seeking to Unionize Amazon Workers Without an Election

Benesch on

On October 23, 2024, Teamsters Amazon National Negotiating Committee (“Teamsters”) filed an unfair labor practice charge (“ULP”) with the National Labor Relations Board (“NLRB”) alleging that, within the past six months,...more

Jackson Lewis P.C.

Winds of Change at NLRB: Employer Guide for Upcoming Trump Administration

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Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration. Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more

Bradley Arant Boult Cummings LLP

Not Your Grandparents’ Unions: NLRB Sees Large Rise in Organizing Petitions

The National Labor Relations Board and unions have been busy. The NLRB received 3,286 union election petitions during FY 2024, up 27% since FY 2023 (when the NLRB received 2,593 petitions) and more than double the number of...more

Epstein Becker & Green

#WorkforceWednesday®: How to Navigate Employee Stress After Election Day - Employment Law This Week®

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This week, we’re underlining the importance of managing election-related tensions in the workplace: Both political parties have called this the most consequential election in recent history, which means that this morning in...more

Miller Nash LLP

SCOTUS Says NLRB Isn’t So Special—NLRB Requests for Preliminary Injunctions Subject to Traditional Standard

Miller Nash LLP on

In a 9-0 opinion in Starbucks Corporation v. McKinney, 602 U.S. ____ (2024), the U.S. Supreme Court limited the National Labor Relations Board’s (NLRB) ability to readily obtain injunctions under §10(j) of the National Labor...more

Benesch

National Labor Relations Board Feels the Effects of Heightened Injunction Requirements and Reduced Deference to Board Findings

Benesch on

As we previously addressed, on June 13, 2024, the Supreme Court struck a blow to the National Labor Relations Board (the “Board”) and provided employers a major win in Starbucks Corp. v. McKinney, et al., a case involving a...more

Robinson & Cole LLP

Legal Update: General Counsel Memorandum Urges NLRB to Find Certain Non-Compete Agreements and Stay-or-Pay Provisions Unlawful

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On October 7, 2024, the National Labor Relations Board’s (Board) General Counsel, Jennifer Abruzzo, issued a memorandum urging the Board to find certain non-compete provisions unlawful and to remedy any related infringement...more

Ward and Smith, P.A.

Avoid the Hot Seat: An Interview with the NLRB

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At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Grant Osborne and Genesis Torres, interviewed Shannon Meares of the National Labor Relations Board ("NLRB"...more

BakerHostetler

Adding Injury to Insult: The NLRB’S General Counsel Lays Out Expanded Remedies For Unlawful Noncompete and Stay-or-Pay Agreements

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We previously reported on a May 2023 memorandum issued by the general counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, stating her view that “the proffer, maintenance, and enforcement” of...more

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

Proskauer - Labor Relations Update

Ninth Circuit Panel Hears Oral Argument on the NLRB’s Transformative Cemex Decision

On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National...more

Locke Lord LLP

Commentary: NLRB Poised to Rule That Independent Contractor Misclassification Alone ‎Violates the Law, but Ruling Not Likely to...

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A recent decision by the National Labor Relations Board in a case involving workers who were classified by a company as independent contractors has provided a clear signal that the NLRB is likely to reverse its current law...more

Foley & Lardner LLP

Losing for Winning: Dartmouth Basketball Team’s Ill-Fated Unionization Effort

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The Dartmouth men’s basketball team is scheduled to tip-off its 2024-25 NCAA season. Not surprisingly, they will do so without a labor contract, notwithstanding the team’s historic vote last March to unionize under federal...more

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