On July 24, William B. Cowen, the acting general counsel (GC) of the National Labor Relations Board (NLRB or Board), issued GC Memorandum 25-08 (Memo) to the Board’s regional offices (Regions) to provide guidance on...more
8/13/2025
/ Employer Liability Issues ,
Employer Responsibilities ,
Hiring & Firing ,
Job Applicants ,
Labor Relations ,
Memorandum of Guidance ,
NLRA ,
NLRB General Counsel ,
Unfair Labor Practices ,
Union Organizers ,
Unions
Back in 2021, we reported on a D.C. Circuit decision that the National Labor Relations Board (NLRB or Board) could rely on a secret, arguably illegal, recording of an employer meeting with employees in finding that the...more
In 2024, labor law continued to generally favor employees under the Biden National Labor Relations Board (the Board). Notable developments included establishment of an employee right to wear clothes espousing political speech...more
1/29/2025
/ Biden Administration ,
Constructive Discharge ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Political Speech ,
SCOTUS ,
Section 7 ,
Unfair Labor Practices ,
Unions
The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more
1/6/2025
/ Adverse Employment Action ,
Corporate Counsel ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Staffing Agencies ,
Termination ,
Unfair Labor Practices ,
Wages ,
Wrongful Termination
We previously reported on a May 2023 memorandum issued by the general counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, stating her view that “the proffer, maintenance, and enforcement” of...more
10/29/2024
/ Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Posting Requirements ,
Remedies ,
Restrictive Covenants ,
Severance Agreements ,
Statute of Limitations ,
Unfair Labor Practices
On September 19, the Sixth Circuit Court of Appeals issued a decision enforcing the National Labor Relations Board (NLRB or Board) February 2023 McLaren Macomb decision. In doing so, the Sixth Circuit declined to comment on...more
The National Labor Relations Board (NLRB or Board) recently revived its “blocking charge” policy, voluntary recognition process and construction industry bargaining relationship policy by returning to its pre-April 2020...more
8/22/2024
/ Biden Administration ,
Collective Bargaining ,
Construction Industry ,
Final Rules ,
New Rules ,
NLRA ,
NLRB ,
Policies and Procedures ,
Section 7 ,
Unfair Labor Practices ,
Union Elections ,
Unions
Four months ago, we told you about a brewing labor law issue – whether the National Labor Relations Board (NLRB or Board) must satisfy the traditional preliminary injunction standard to secure an injunction against an...more
During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more
On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more
3/1/2024
/ Adverse Employment Action ,
Black Lives Matter ,
Civil Rights Act ,
Dress Codes ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Hiring & Firing ,
Home Depot ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Race Discrimination ,
Section 7 ,
Termination
When the National Labor Relations Board (NLRB or the Board) issues an administrative complaint accusing an employer of unlawful labor practices, it triggers in-house proceedings before the Board. These in-house proceedings...more
As we reflect on the many decisions that the National Labor Relations Board (NLRB or the Board) has handed down this year (many of which are unfavorable to employers), now is the perfect time to ensure that your organization...more
There was little doubt that the current National Labor Relations Board (NLRB or the “Board”) would overrule the Trump-era test in The Boeing Company for evaluating work rules in favor of a more employee-friendly standard. The...more
The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in employment...more
6/6/2023
/ Employer Liability Issues ,
Employment Contract ,
New Guidance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Policy Memorandums ,
Protected Concerted Activity ,
Section 7 ,
Severance Agreements
We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance...more
On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more
As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more
11/24/2014
/ Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Electronically Stored Information ,
NLRA ,
NLRB ,
Popular ,
Unions ,
USPS
In prior articles, we have discussed various decisions by the National Labor Relations Board (“NLRB” or the “Board”) protecting employee social media activity as concerted activity under Section 7 the National Labor Relations...more
On August 25, the National Labor Relations Board found in Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Sanzone, Case No. 34-CA-012915, and Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Spinella, Case...more
As reported previously here, the National Labor Relations Board (“NLRB” or the “Board”) in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that requiring employees to enter into an arbitration agreement containing a...more
1/28/2014
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
D.R. Horton ,
D.R. Horton v NLRB ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB
Over the past several years, the National Labor Relations Board (“NLRB” or “Board”) has engaged in an aggressive campaign to extend its reach into non-union workplaces with the goal of facilitating unionization....more
On June 14, 2013, the United States Court of Appeals for the Fourth Circuit struck down the National Labor Relations Board's (NLRB or Board) requirement that employers subject to its jurisdiction post on their properties and...more
On May 7, 2013, a federal appellate court in Washington, D.C., struck down the National Labor Relations Board's (NLRB or Board) requirement that employers subject to its jurisdiction post on their properties and websites a...more