In 2024, labor law continued to generally favor employees under the Biden National Labor Relations Board (the Board). Notable developments included establishment of an employee right to wear clothes espousing political speech...more
1/29/2025
/ Biden Administration ,
Constructive Discharge ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Political Speech ,
SCOTUS ,
Section 7 ,
Unfair Labor Practices ,
Unions
The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more
1/6/2025
/ Adverse Employment Action ,
Corporate Counsel ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Staffing Agencies ,
Termination ,
Unfair Labor Practices ,
Wages ,
Wrongful Termination
Employers should be wary of the Ghost of Christmas Yet to Come (and/or the National Labor Relations Board (NLRB)) before excluding unionized workers from holiday parties and similar perks given to nonunionized employees....more
12/18/2024
/ Administrative Law Judge (ALJ) ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Employer Liability Issues ,
Holiday Parties ,
Holidays ,
NLRA ,
NLRB ,
Perks ,
Starbucks ,
Unions
On September 19, the Sixth Circuit Court of Appeals issued a decision enforcing the National Labor Relations Board (NLRB or Board) February 2023 McLaren Macomb decision. In doing so, the Sixth Circuit declined to comment on...more
Four months ago, we told you about a brewing labor law issue – whether the National Labor Relations Board (NLRB or Board) must satisfy the traditional preliminary injunction standard to secure an injunction against an...more
During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more
On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more
3/1/2024
/ Adverse Employment Action ,
Black Lives Matter ,
Civil Rights Act ,
Dress Codes ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Hiring & Firing ,
Home Depot ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Race Discrimination ,
Section 7 ,
Termination
When the National Labor Relations Board (NLRB or the Board) issues an administrative complaint accusing an employer of unlawful labor practices, it triggers in-house proceedings before the Board. These in-house proceedings...more
With the new year upon us and amid an uptick in activity by the National Labor Relations Board (NLRB or the Board), the time is ripe for employers to refresh themselves on a basic labor principle that sometimes goes...more
As we reflect on the many decisions that the National Labor Relations Board (NLRB or the Board) has handed down this year (many of which are unfavorable to employers), now is the perfect time to ensure that your organization...more
In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more
5/17/2023
/ Adverse Employment Action ,
Discipline ,
Employer Liability Issues ,
Employment Policies ,
General Motors ,
New Rules ,
NLRA ,
NLRB ,
Protected Activity ,
Section 7 ,
Unions
We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance...more
Under the National Labor Relations Act, unions are entitled to request information from an employer that is relevant to carrying out the union’s representation duties. The key limiting principle is that the union must...more
On February 21, the National Labor Relations Board (“NLRB” or “Board”), as anticipated, issued a decision in McLaren Macomb that reversed several Trump-era rulings that generally had allowed employers to proffer severance...more