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
Continue Reading NLRB Says No to Confidentiality, Nondisparagement Provisions in Severance AgreementsAre Employer Uniform and Dress Code Policies Dead?
The 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
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Union without an election? – NLRB’s possible return to Joy Silk Mills
Employers 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
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Civil Penalties May Be Coming To The National Labor Relations Act
If enacted into law, the so-called Build Back Better reconciliation package (“BBB”) will drastically expand the remedial power of the National Labor Relations Board (“NLRB”) effective January 1, 2022. The
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NLRB’s Top Lawyer Says College Athletes Are Employees
In a recent guidance memorandum, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board, has announced her intention to consider college athletes as employees under federal labor
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Parts of the PRO Act May Become Law under the Reconciliation Bill
According to news reports, the upcoming budget reconciliation bill will likely contain some portions of the PRO Act, which is a piece of proposed pro-union legislation. As detailed in
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PRO Act: Congress Considers Fundamental Changes to Federal Labor Law
Congress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide.
The Protecting
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Acting NLRB GC Withdraws Neutrality Agreement Complaint
In his first few days on the job, Acting General Counsel of the NLRB Peter Sung Ohr has withdrawn a complaint that had challenged the use of a neutrality agreement
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Are Union Neutrality Agreements Unlawful?
The NLRB’s General Counsel recently issued a memo that demonstrates his hostility toward neutrality agreements. Generally, neutrality agreements contain a promise from an employer that it will remain neutral in
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The NLRB is Resuming Elections on April 6, 2020 Without Providing Guidance on Voter Safety
By announcement on April 1, 2020, the NLRB resumed representation elections beginning on April 6, 2020. Previously, the NLRB had suspended elections until April 3, 2020. The details on elections
Continue Reading The NLRB is Resuming Elections on April 6, 2020 Without Providing Guidance on Voter Safety