Beginning September 1, 2025, Texas will significantly narrow the permissible scope of non-compete agreements with certain healthcare employees. The legislation, Senate Bill 1318 (“SB 1318” codified in Tex. Bus. Com. Code §...more
7/14/2025
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Health Care Providers ,
Healthcare Workers ,
New Legislation ,
Non-Compete Agreements ,
Physicians ,
Restrictive Covenants ,
State Labor Laws ,
Texas
As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more
3/6/2025
/ California ,
Constitutional Challenges ,
Employees ,
Employment Litigation ,
First Amendment ,
Free Speech ,
Labor Code ,
New Legislation ,
NLRA ,
NLRB ,
Preemption ,
State Labor Laws ,
Unions
As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and...more
On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more
On May 14, 2024, the United States District Court for the District of Massachusetts granted a petition for interim injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA”) that was filed by the...more
Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed...more
4/22/2024
/ Employees ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Rulemaking Process ,
Section 7 ,
Unfair Labor Practices ,
Unions
On June 13, 2023, the National Labor Relations Board (the “Board” or “NLRB”) overturned another business-friendly Board decision in favor of a return to a more employee-favorable standard for determining if a worker is an...more
On the heels of the National Labor Relations Board’s decision in McLaren Macomb, which invalidated most confidentiality and nondisparagement provisions in a variety of employment agreements (as we covered here and here), NLRB...more
6/13/2023
/ Antitrust Division ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Proposed Rules ,
Section 7 ,
Unfair Labor Practices ,
Unions
In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more
On December 16, 2022, the National Labor Relations Board (“NLRB” or “Board”) abandoned the employer-friendly access standard for off-duty employees of an onsite contractor that was adopted under the Trump Administration in...more
On the heels of the Labor Day weekend, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking and request for comments (NPRM) that would once again change the joint employer legal standard. The...more
The National Labor Relations Board (Board or NLRB) could reverse a 2019 decision holding that honest, albeit mistaken, classification decisions and announcements to employees do not violate the National Labor Relations Act...more
The National Labor Relations Board is pushing forward with its plan to cooperate more closely with other Federal agencies tasked with overseeing employment law. This follows an announcement in November 2021 that the National...more
2/14/2022
/ Biden Administration ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Government Agencies ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Regulatory Oversight
The Equal Employment Opportunity Commission (EEOC) released its long-awaited COVID-19 vaccine guidance for employers on December 16, 2020, providing answers related to workplace requirements about COVID-19 vaccines. With...more
12/21/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
GINA ,
Health and Safety ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more
2/21/2018
/ Administrative Law Judge (ALJ) ,
Boeing ,
Confidentiality Agreements ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Participation Agreements ,
Protected Concerted Activity ,
Section 7 ,
Severance Agreements ,
Severance Pay ,
Termination ,
Unions