Darrah Hinton

Davis Wright Tremaine LLP

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Latest Posts › Employer Liability Issues

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NLRB General Counsel Moves to Invalidate Noncompete Agreements

On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued Memorandum GC 23-08, setting forth her view that noncompete provisions in employment contracts and severance agreements...more

6/2/2023 / Employees , Employer Liability Issues , Employment Contract , Intellectual Property Protection , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Section 7

NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts

Lion Elastomers Revives a "Setting-Specific" Standard That Is Again Likely to Lead to Arbitrary Results and Conflicting Obligations Under Various Statutes - After the National Labor Relations Board's recent decision in...more

5/9/2023 / Disciplinary Proceedings , Employee Misconduct , Employees , Employer Liability Issues , Employment Litigation , NLRA , NLRB , Policies and Procedures

NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts - Lion Elastomers Revives a...

After the National Labor Relations Board's recent decision in Lion Elastomers LLC II, employers must now carefully navigate two "fundamentally different" classes of employee misconduct: 1) "misconduct during ordinary work,"...more

5/9/2023 / Discipline , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity

NLRB General Counsel Pushes for "Vigorous Enforcement" of Employers' Use of Technology

Employers have long used electronic management tools to track and improve employee performance, including GPS on company vehicles, employee badges for access or timekeeping, and monitoring software on work computers. The...more

11/9/2022 / Electronic Monitoring , Employee Monitoring , Employee Rights , Employee Tracking , Employer Liability Issues , NLRA , NLRB , NLRB General Counsel , Section 7

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