In Endurance Environmental Solutions, the National Labor Relations Board returned to the “clear and unmistakable waiver” standard for determining whether an employer may make changes to terms and conditions of employment...more
What might the labor and employment landscape look like in 2025 and beyond? Consistent with proposed policies and past actions of the first Trump administration, forthcoming changes by the Trump-Vance administration could...more
11/20/2024
/ Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Elections ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Presidential Elections ,
Restrictive Covenants ,
Trump Administration ,
Wage and Hour ,
Workplace Safety
National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo released GC Memo 25-01 on October 7, 2024 further urging the Board to find non-compete agreements, particularly “stay-or-pay” practices, unlawful and...more
The National Labor Relations Board (NLRB or Board) on August 1 published a new rule addressing three distinct situations affecting employees’ rights to decide whether they want union representation (New Rule). The New Rule...more
The National Labor Relations Board (NLRB or the Board) recently expanded the types of messaging employees are permitted to display in the workplace when it ruled an employee’s Black Lives Matter uniform marking was protected...more
The National Labor Relations Board (NLRB) and Occupational Safety and Health Administration (OSHA) executed a Memorandum of Understanding (MOU) on October 31 regarding a partnership designed to strengthen their efforts to...more
The National Labor Relations Board drastically changed the process for unions seeking recognition of most private sector employees in the United States. Abandoning 50 years of established law, in Cemex Construction Materials...more
The National Labor Relations Board (NLRB or the Board), in a 3-1 decision on August 1, 2023, once again overruled existing precedent and declared that all employer work rules that reasonably could be read to restrict Section...more
In The Atlanta Opera Inc., the National Labor Relations Board once again changed the standard for determining independent contractor status under the National Labor Relations Act, returning to its pre-2019 standard making it...more
In a recent 8-1 decision, the US Supreme Court held that the National Labor Relations Act (NLRA or the Act) does not preempt state claims against unions for intentional property damage during a strike. The decision reaffirms...more
6/12/2023
/ Glacier Northwest v International Brotherhood of Teamsters ,
NLRA ,
NLRB ,
Preemption ,
Private Property ,
Property Damage ,
SCOTUS ,
State Law Claims ,
Strike ,
Teamsters ,
Unions
The US National Labor Relations Board’s (NLRB’s) general counsel issued guidance on May 30 announcing that noncompete provisions contained in many employment agreements violate the National Labor Relations Act unless narrowly...more
The National Labor Relations Board’s recent decision in Lion Elastomers reinstated setting-specific standards to assess how employers respond to employee misconduct, including potentially profane, discriminatory, and...more
National Labor Relations Board (NLRB or the Board) General Counsel (GC) Jennifer Abruzzo issued guidance on the Board’s recent decision regarding severance agreements. In McLaren Macomb, 372 NLRB No. 58, the Board found that...more
The National Labor Relations Board (NLRB or the Board) issued a decision on February 21 in McLaren Macomb (372 NLRB No. 58) overruling precedent to hold that employers may not offer employees severance agreements containing...more
Employers should assess the impact of this decision in any NLRB case that was prosecuted by former acting General Counsel Lafe Solomon.
On March 21, the US Supreme Court in a 6-2 decision in NLRB v. S.W. General, Inc....more
Highlights of recent developments relevant to all employers.
The National Labor Relations Board (NLRB or Board) is poised to return to a Republican majority, which likely will result in a change in labor law philosophy....more
The Browning-Ferris decision overturns 30 years of precedent and opens up a wide variety of business relationships to allegations of joint-employer status, including staffing agencies, on-site contractors, outside suppliers,...more
8/28/2015
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisee ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Right to Picket ,
Secondary Boycott ,
Staffing Agencies ,
Unions ,
Wage and Hour
The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and...more
The ruling places in substantial doubt the validity of any NLRB decision or action since January 4, 2012, and calls into question the scope of the president's recess appointment power more generally.
On January 25, in...more