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SCOTUS Confirms the Proper Standard for Injunctive Relief Under the NLRA

In an opinion drafted by Justice Thomas and joined by seven other Justices, on June 13, 2024, the U.S. Supreme Court vacated the Sixth Circuit Court of Appeals’ affirmation of an injunction issued under Section 10(j) of the...more

We’ve Got a Test Case: The NLRB Files its First Complaint Challenging the Validity of Restrictive Covenants

The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a...more

The NLRB’s “Reasonable Employee” Definition Defies Common Sense: Time to Review Your Work Rules and Policies…Again.

Earlier last week, the National Labor Relations Board (“NLRB” or “Board”) overturned established precedent and held that a facially neutral work rule is presumptively unlawful if a “reasonable” employee predisposed to...more

Protected Protest: The National Labor Relations Board General Counsel’s Quest to Expand the Definition of “Inherently Concerted”...

Seyfarth Synopsis: Recently, an Administrative Law Judge (ALJ), issued a decision in two cases that create the opportunity for the National Labor Relations Act to have a more expansive view of what constitutes protected...more

The Board Strikes Back: Hateful Rhetoric Connected to Protected Concerted Activity Now Shields Employees from the Consequences of...

Seyfarth Synopsis: Recently, the National Labor Relations Board issued a decision that grants employees broad leeway to make lewd, lascivious, racist, or otherwise inappropriate comments at work, so long as those comments are...more

NLRB General Counsel’s Guidance Memo on McLaren Macomb Raises Further Troubling Questions

As we previously posted here, on February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) ruled in McLaren Macomb, 372 NLRB No. 58, that the mere proffer of a draft severance agreement containing broad...more

NLRB Targets Confidentiality and Non-Disparagement Provisions

On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) once again issued new precedent when holding that the mere proffer of a draft severance agreement containing broad confidentiality and...more

NLRB General Counsel Issues New Memorandum Regarding Electronic Management Of Employees

On October 31, 2022, National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer A. Abruzzo issued Memorandum GC 23-02, wherein the General Counsel announced her intention to “protect employees” from what she...more

NLRB General Counsel’s New Interim Relief Framework

On October 20, 2022, National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer Abruzzo issued Memorandum GC 23-01, which instructs the Regions to “routinely attempt to obtain full interim relief” when...more

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