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The National Labor Relations Board issued another ground-breaking decision on February 21, 2023, ruling that confidentiality and nondisparagement agreements commonly included in employment severance agreements may be deemed unlawful under the National Labor Relations Act (NLRA). In McLaren Macomb, 372 NLRB No. 58 (2023), a divided Board found that…
Continue Reading NLRB Says No to Confidentiality, Nondisparagement Provisions in Severance AgreementsThe National Labor Relations Board has issued a notice of proposed rulemaking that could make…
Continue Reading NLRB Paves the Way for Unions to Block Decertification PetitionsThe National Labor Relations Board’s General Counsel recently stated her intention to target employers’ use…
Continue Reading NLRB to Presume that Electronic Monitoring is Unlawful?While commentators debate whether or not the economy is in a recession, one area where…
Continue Reading Employers Watch Warily as Case Filings at NLRB SoarThe Latest
NLRB Hands Unions Another Win; Requires Employers to Maintain Dues Checkoff Following Contract Expiration
For a second time in recent weeks, the National Labor Relations Board has chosen to bolster unions’ rights at employers’ expense. On September 30, 2022, in Valley Hospital Medical Center…
Continue Reading NLRB Hands Unions Another Win; Requires Employers to Maintain Dues Checkoff Following Contract ExpirationThe National Labor Relations Board ruled on August 29, 2022 that workplace policies restricting or limiting employees’ wearing of union apparel are unlawful unless the employer can demonstrate the existence…
Continue Reading Are Employer Uniform and Dress Code Policies Dead?NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at Workplace
A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the…
Continue Reading NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at WorkplaceNLRB GC Seeks to Curtail Employers’ Defenses to Union Organizing Amidst Huge Increase in Union Election Petitions
On April 6, the National Labor Relations Board announced that union representation petitions filed with the agency during the first six months of the fiscal year had increased 57% from…
Continue Reading NLRB GC Seeks to Curtail Employers’ Defenses to Union Organizing Amidst Huge Increase in Union Election PetitionsEmployers across the country may, in the near future, face a unionized workforce even though their employees are denied the opportunity to vote in a secret ballot election. Under current…
Continue Reading Union without an election? – NLRB’s possible return to Joy Silk MillsLast week, the American Bar Association’s Section on Labor and Employment Law, Committee on the Developing Labor Law, gathered in Kauai for its annual mid-winter meeting, featuring presentations from top…
Continue Reading NLRB GC’s Extreme Agenda on Display at ABA Mid-Winter MeetingNLRB General Counsel Jennifer Abruzzo announced, in a February 1 memorandum, that the Board will consider seeking interim injunctive relief – heretofore an extraordinary remedy reserved for particularly serious…
Continue Reading More Sound and Fury from the NLRB GC – Signifying What, Exactly?NLRB Complaint Suggests Employers Cannot Prohibit BLM Messaging in the Workplace
On December 3, Region 20 of the National Labor Relations Board issued a sweeping, consolidated complaint alleging that Whole Foods Market, Inc. violated federal labor law by maintaining and enforcing…
Continue Reading NLRB Complaint Suggests Employers Cannot Prohibit BLM Messaging in the WorkplaceThe John Deere Co. Strike – Sign of the Times?
In case you missed it, a major battle between labor and management is playing out in the heartland. On October…
Continue Reading Lessons for Management from the John Deere Strike