Michael Pavlick

K&L Gates LLP

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Latest Posts › Employee Rights

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NLRB Weakens Secret-Ballot Elections in Union Campaigns, Increasing Unionization Perils

On 25 August 2023, the Cemex decision by the National Labor Relations Board (NLRB or Board) upended 52 years of Board law that had previously enshrined the secret-ballot election as the default method for union certification....more

9/6/2023 / Collective Bargaining , Employee Rights , Employer Responsibilities , Labor Relations , NLRA , NLRB , Union Elections , Unions

NLRB Imposes Strict New Limits on Employer Work-Rules

Introduction - On 2 August 2023, a divided National Labor Relations Board (NLRB or Board) held in Stericycle that employers violate the National Labor Relations Act (NLRA or Act) when they issue facially neutral...more

8/11/2023 / Employee Rights , Employment Policies , NLRA , NLRB , Section 7 , Unions

NLRB Imposes Stricter Independent Contractor Test on Employers

Introduction - On 13 June 2023, the National Labor Relations Board held, in The Atlanta Opera, Inc., that it would return to a prior, employee-friendly standard for determining whether workers are employees or independent...more

6/16/2023 / Employee Definition , Employee Rights , Employees , Independent Contractors , NLRA , NLRB , Unions

NLRB Imposes Broad Restrictions on Severance Agreements

Introduction - On 21 February 2023, a divided National Labor Relations Board (NLRB or Board) held in McLaren Macomb that employers violate the National Labor Relations Act (NLRA or Act) when they present employees with...more

2/27/2023 / Confidentiality Agreements , Employee Rights , Employees , NLRA , NLRB , Non-Disparagement Provisions , Section 7 , Severance Agreements

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