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NLRB’s Authority to Order Employers to Reimburse for Unfair Labor Practices Limited by Federal Court of Appeals Decision

On Friday, December 27, 2024, the U.S. Court of Appeals for the Third Circuit in NLRB v. Starbucks Corp. vacated part of a National Labor Relations Board (NLRB) order on the grounds that it exceeded its authority in ordering...more

It’s Time to Review and Update Your Severance Agreements, Again – NLRB Says So

Dust off your severance agreement template, again. This applies to all private employers – whether you have a unionized workforce or not. Yesterday, the National Labor Relations Board (Board) issued a decision in McLaren...more

But Wait, There’s More – Additional Labor Law Developments You Need to Know About

While we continue to absorb the impact of the National Labor Relations Board’s recent expansion of its authority to include awards for consequential damages in unfair labor practice (ULP) cases, there are other significant...more

NLRB GC Abruzzo Ordered Up ‘New Make-Whole Remedies’ for Victims of Unfair Labor Practices – and the Regional Offices Are...

A discussed in a previous article, on September 8, 2021, the National Labor Relations Board General Counsel, Jennifer Abruzzo, issued a memorandum to all NLRB Regional Directors notifying them (and the rest of us) of her...more

Health Care Workers And Labor Unions: The COVID “Bump” And The New Administration’s Efforts To Unionize More Workers

For health care workers, the issues of staffing, wages and benefits are typically what unions have focused on in their organizing campaigns. Against the backdrop of the COVID-19 pandemic, these issues are heightened with the...more

What Will The Biden Administration Bring For Employers?

They say that the only constant in life is change. Here is a quick overview of the shift that we expect to see in the realm of labor and employment after President-elect Joe Biden takes office. National Labor...more

NLRB Makes It Easier For Employers To Take Action Against Offensive Employee Conduct – Even In The Course Of Protected Activity

In a decision issued yesterday, General Motors LLC, 369 NLRB No. 12 (2020) , the National Labor Relations Board declared that “[it] will no longer stand in the way of employers’ legal obligation to take prompt and appropriate...more

The Duty To Bargain During The COVID-19 Pandemic

Businesses with a unionized workforce need to consider whether their responses to the COVID-19 pandemic constitute unilateral changes under existing work terms and conditions. An employer’s duty to bargain in good faith with...more

NLRB Makes ‘Unilateral’ Less Of A Dirty Word

The National Labor Relations Act (NLRA) requires employers with a unionized workforce to bargain in good faith with the union over mandatory subjects of bargaining (e.g., wages, hours, and other terms and conditions of...more

NLRB Makes It Easier To Oust A Union

Did you know that when a private sector employer has evidence that a union has lost support from a majority of its bargaining unit members, the employer can refuse to recognize the union as their bargaining representative? In...more

Keep Calm And Be Cautiously Optimistic – Recent NLRB Developments

The National Labor Relations Board (NLRB) is taking more steps towards positive, significant change for private-sector employers:- Joint Employer Standard- CURRENT LAW: The Board may find that two or more entities are...more

The NLRB’s Recent Decision Lowers The Trigger For Employee Weingarten Rights

Employers have had reason to exhale a bit in the Trump era of the National Labor Relations Board (NLRB). However, as demonstrated in a recent case involving employee Weingarten rights, long-standing federal labor principles...more

You CAN Ask Your Employees To Be Happy! Federal Appeals Court Reins In National Labor Relations Board (NLRB)

Much has been written and discussed about the National Labor Relations Board’s (NLRB) attack on handbook policies over the past several years. The NLRB has found what many consider to be run-of-the-mill, standard policies...more

A Hint Of Change: NLRB Allows Employer To Defend Blanket Prohibition On Use Of Cameras/Video Recording Devices

Recently, there has been much discussion about the composition of the five-member board in Washington, D.C., including President Trump’s appointment of Philip Miscimarra as National Labor Relations Board (NLRB) Chairman, and...more

Before You Acquire That Business, Understand the NLRB’s Successor Bar Doctrine

When a change of ownership occurs for a business that employs individuals who are represented by an incumbent union, the new owner must be aware of the National Labor Relations Board’s (NLRB) successor bar doctrine. It used...more

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