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After 76 Years, the NLRB Declares Captive-Audience Meetings Unlawful

On November 13, 2024, the National Labor Relations Board (NLRB) held in Amazon.com Services LLC, 373 NLRB No. 136, that "captive-audience" meetings are unlawful under the National Labor Relations Act (NLRA). Specifically, the...more

NLRB Increases Scrutiny of Workplace Rules

BACKGROUND - In its recent Stericycle decision, the National Labor Relations Board (NLRB) modified its framework for evaluating whether employer work rules that do not expressly restrict employee Section 7 activity are...more

Minnesota Supreme Court Does Away with Crucial Notification Requirement for Constructive Discharge

Until recently, an employee generally could not establish a constructive discharge claim (that they had been forced to resign due to intolerable conditions) without first demonstrating that they informed their employer about...more

NLRB Ruling Renders Routine Confidentiality and Non-Disparagement Provision Unlawful

Once again, the pendulum has swung, and this time, the National Labor Relations Board (NLRB or Board) has reversed Trump-era rulings that granted broad flexibility to employers in severance agreements. On Tuesday, the Board...more

Are Captive-Audience Meetings and Secret-Ballot Elections About to Vanish?

Uncertainty looms as NLRB General Counsel seeks to upend a combined 127 years of settled labor law to help unions organize workplaces Labor law has long been somewhat prone to uncertainty and inconsistency. - Each new...more

NLRB Updates Framework for Analyzing Discipline Based on Offensive Conduct or Behavior

In its recent General Motors LLC decision, the National Labor Relations Board fundamentally changed its framework for deciding whether employees engaging in offensive conduct or behavior are protected by Section 7 of the...more

NLRB Issues Final Rule Returning to Traditional Joint-Employer Standard

On February 26, 2020, the National Labor Relations Board (NLRB) issued its long-awaited final rule narrowing the circumstances that will give rise to joint-employer liability. As expected, the NLRB returned to its...more

The NLRB Proposes New Joint Employer Standard

On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking for the joint-employer standard. Under the proposed rule, entities would be joint employers "if the two employers...more

Is an Extended Leave of Absence a Reasonable Accommodation?

The U.S. Court of Appeals for the Seventh Circuit recently held in no uncertain terms that "a multi-month leave of absence is beyond the scope of a reasonable accommodation under the ADA." ...more

Ambush Elections and Access to Email - A Bad Combination for Employers

Late last week, the National Labor Relations Board (NLRB) made a combination of moves that present significant challenges for employers. First, the Board issued its decision in Purple Communications, Inc., allowing employees...more

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