The National Labor Relations Board (“NLRB”) is sharpening its focus on “salting”—the practice of union organizers seeking employment with non-union employers to facilitate organizing campaigns. On July 24, 2025, the NLRB’s...more
8/12/2025
/ Corporate Counsel ,
Employment Policies ,
Hiring & Firing ,
Investigations ,
Labor Relations ,
New Guidance ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Organizers ,
Unions
On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB”) William B. Cowen issued his first General Counsel Memorandum (“GC Memo”) GC 25-05 rescinding nearly all of the Biden...more
2/27/2025
/ Corporate Counsel ,
Damages ,
Employee Rights ,
Employment Litigation ,
Labor Reform ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Regulatory Agenda ,
Settlement ,
Unfair Labor Practices ,
Unions
As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory...more
10/23/2023
/ Collective Bargaining ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
The National Labor Relations Board (the “NLRB” or “Board”) seemingly took very little time off during the holidays and in the last few weeks announced that it is seeking public input on whether to reconsider two significant...more
Substantial changes are afoot at the National Labor Relations Board (NLRB). Most notably, these include the firing of the NLRB’s General Counsel Peter Robb and the rescission of ten of Robb’s General Counsel Memoranda. The...more
When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more
11/20/2020
/ Agricultural Sector ,
Agricultural Workers ,
Business & Professions Code ,
Cannabis Products ,
Constitutional Challenges ,
Corporate Counsel ,
Employer Liability Issues ,
Fifth Amendment ,
Marijuana Cultivation ,
NLRA ,
NLRB ,
Private Property ,
Public Sector Unions ,
Right-To-Access ,
SCOTUS ,
State and Local Government ,
Takings Clause ,
Trespass ,
Unions
In Apogee Retail, 368 NLRB No. 144 (2019), the NLRB overruled the Obama Board’s decision in Banner Estrella Medical Center, 362 NLRB 1108 (2015) and held that investigative confidentiality rules that by their terms apply only...more
On October 12, 2019, Governor Newsom signed Assembly Bill 1291 (“AB 1291”) into law, which requires companies to sign a so-called “labor peace” agreement with a union or risk losing their cannabis license; thereby,...more
10/24/2019
/ Business & Professions Code ,
Collective Bargaining ,
Corporate Counsel ,
Employer Liability Issues ,
Marijuana ,
Marijuana Related Businesses ,
NLRA ,
NLRB ,
Preemption ,
State and Local Government ,
State Labor Laws ,
Supremacy Clause ,
Unfair Labor Practices ,
Union Organizers ,
Union Representatives ,
Unions
It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more
9/12/2019
/ Adverse Employment Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Offensive Language ,
Protected Concerted Activity ,
Racist Remarks ,
Unfair Labor Practices ,
Unions
In its 84-year history, the National Labor Relations Board (NLRB, Board or Agency) has promulgated a very small number of rules pursuant to the Administrative Procedures Act, relying, instead, on individualized adjudications...more
8/14/2019
/ Construction Industry ,
Corporate Counsel ,
New Rules ,
NLRA ,
NLRB ,
NPRM ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more
4/27/2018
/ Appeals ,
Boeing ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Employee Handbooks ,
Employee Rights ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Off-Duty Employees ,
Presidential Appointments ,
Protected Concerted Activity ,
Title VII ,
Trump Administration ,
Unions
On November 14, 2017, the National Labor Relations Board (“Board”) overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”) and returned to the pre-BFI standard that governed joint employer liability. Hy-Brand...more