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Unfair Labor Practices Employee Rights

Dickinson Wright

Who’s the Boss? Understanding Joint Employment Under the NLRA

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Our story begins like this: Your business is notified of a National Labor Relations Board (“NLRB”) Unfair Labor Practice Charge (the “Charge”). You’re about to email your lawyer when—here’s the twist—you learn your company is...more

Husch Blackwell LLP

The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II

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Host Tom Godar welcomes back to the show Husch Blackwell attorney Mary-Ann Czak for the second installment of a two-part discussion on a recently published memorandum from William Cowen, Acting General Counsel of the National...more

McAfee & Taft

New NLRB guidance emphasizes need for ‘prompt and fair’ settlements in unfair labor practice disputes

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Settlements of unfair labor practice charges appear to be returning to more traditional standards under new guidance from Acting General Counsel of the National Labor Relations Board William B. Cowen. Unfair labor practice...more

Seyfarth Shaw LLP

Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities

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The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations...more

BakerHostetler

‘Go Forth and Settle’: NLRB Acting General Counsel Relaxes Standards for ULP Settlement Remedies

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On May 16, William B. Cowen, acting general counsel (GC) of the National Labor Relations Board (NLRB or the Board), issued Memorandum GC 25-06, which restored discretion to regional directors in settling with employers and...more

Littler

Curb Your Remedial Enthusiasm – NLRB Acting General Counsel Offers Remedial Relief to Employers

Littler on

On May 16, National Labor Relations Board Acting General Counsel William Cowen issued Memorandum GC-25-06, calling for an efficient, practical approach to NLRB settlement agreements. Coming on the heels of Cowen’s prior...more

Husch Blackwell LLP

The NLRB’s Top Lawyer Offers New Guidance on Remedial Relief in Settlement Agreements

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Settling cases before the National Labor Relations Board (NLRB) became an increasingly difficult task under the prior administration, where the terms of agreements were often dictated by General Counsel directives insisting...more

Ice Miller

Common Employment Law Mistakes and Oversights You Need to Know About: Read This List to Help Avoid Litigation and Liability!

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Ignorantia legis neminem excusat. That is, “ignorance of the law is no excuse.” Under this principle, those to whom the law applies are presumed to know the law and will be held accountable for violating it....more

Husch Blackwell LLP

The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II

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Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr back to the show for the second and final part of a conversation exploring how organized labor has approached the early days of Trump 2.0. In this episode, Tom and...more

Husch Blackwell LLP

The Labor Law Insider - How Unions Are Navigating Trump 2.0, Part I

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Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr to the show for a two-part episode to discuss how organized labor has approached the early days of Trump 2.0. Among other actions, the administration dismissed the...more

Husch Blackwell LLP

The Labor Law Insider: What's Next for Labor Law Under the Trump Administration, Part II

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Husch Blackwell’s Tracy Wolf and Rufino Gaytán continue their engaging discussion with Labor Law Insider host Tom Godar regarding changes being initiated at the National Labor Relations Board (NLRB) under the Trump...more

Smith Anderson

NLRB Acting General Counsel Overturns Numerous Pro-Labor Biden-Era Policies

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On February 14, 2025, the National Labor Relations Board’s ("NLRB" or "Board") Acting General Counsel ("GC"), William Cowen issued General Counsel Memoranda ("GC Memo") 25-05, which rescinded more than a dozen GC Memos issued...more

Spilman Thomas & Battle, PLLC

The Pendulum Swings – Changes at the NLRB Under the Trump Administration

The installation of a new Administration with a fundamentally different philosophical identity once again foreshadows fundamental changes in the relationship between private sector employees and employers governed by the...more

Jackson Lewis P.C.

Staying Steady Amid NLRB Upheaval: Q&As on What Employers Can Expect

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Significant changes have occurred at the National Labor Relations Board (NLRB) following President Donald Trump’s inauguration. On Jan. 27, 2025, he fired the NLRB’s general counsel (GC), Jennifer Abruzzo, and Board...more

Sheppard Mullin Richter & Hampton LLP

Acting General Counsel of NLRB Issues First GC Memorandum, Rescinding Controversial Pro-Labor Memoranda

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB”) William B. Cowen issued his first General Counsel Memorandum (“GC Memo”) GC 25-05 rescinding nearly all of the Biden...more

Conn Maciel Carey LLP

Key NLRB Changes Under the New Administration: What Employers Need to Know

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Last month, during our webinar, we predicted significant regulatory shifts under the new presidential administration. Now, just a little over 30 days in, we are witnessing these changes unfold – especially at the National...more

Miles & Stockbridge P.C.

With New Memo, NLRB Acting General Counsel Signals Shift Toward Employer-Friendly Policies

The acting general counsel for the National Labor Relations Board on Friday rescinded numerous general counsel memoranda on key Biden-era policies and priorities issued by his predecessor....more

Cozen O'Connor

Acting NLRB General Counsel Sets New Direction with Rescission Memorandum

Cozen O'Connor on

For the second time in four years, a U.S. president has quickly dismissed the general counsel of the National Labor Relations Board (NLRB), and replaced them with a new acting general counsel, who then immediately issued a...more

Payne & Fears

The NLRB Rescinds Certain General Counsel Memoranda

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On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (NLRB) issued Memorandum GC 25-05, rescinding certain memoranda issued by the former General Counsel. Former General Counsel Jennifer A....more

Benesch

No Love Lost: Acting National Labor Relations Board General Counsel Rescinds Litany of Former GC Abruzzo’s Policy Memoranda in...

Benesch on

Signaling a strong shift away from the policy positions of the former administration, Acting National Labor Relations Board (“NLRB”) General Counsel William Cowen issued a GC Memorandum on February 14, 2025, rescinding 31 GC...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2024 Year-End Review

The hits just kept coming from the National Labor Relations Board in 2024. The final year of the Biden board produced a flurry of decisions that kept labor practitioners on their toes. It seemed that each month, there was a...more

Fisher Phillips

What Employers Need to Know About the Current State of the NLRB

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A series of game-changing moves from the White House have left employers struggling to understand the lay of the land when it comes to the nation’s labor law. Even though it might feel like we’re entering unchartered...more

Baker Donelson

NLRB Places Further Restrictions on Employers: Captive Audience Meetings Restricted

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The National Labor Relations Board (the Board) voted 3-1 (along party lines, with Member Kaplan dissenting) on November 13, 2024, to prohibit so-called "captive audience" meetings.1 In doing so, the Board overturned...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

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

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