Peter Finch on NLRA

NLRB's New Joint-Employer Standard Drastically Increases Potential Liability for Businesses Employing Third Parties

The National Labor Relations Board (NLRB or Board) released its Final Rule on October 26, 2023, drastically expanding the circumstances under which separate entities could be considered joint employers. Under the Final Rule,...more

11/10/2023 / Browning-Ferris Industries of California Inc. , Final Rules , Joint Employers , Liability , NLRA , NLRB , Notice of Proposed Rulemaking (NOPR) , Third-Party

Non-Union Employers Face Triple Threat: Unfair Labor Practice Charges, Unionization, and Bargaining Orders

The National Labor Relations Board has released more statistics that further confirm what labor lawyers suspected: Employers are subject to more unfair labor practice charges, Employees and labor organizations are...more

10/20/2023 / Bargaining Power , Collective Actions , Employment Discrimination , Hours of Service , NLRA , NLRB , Non-Union , Retaliation , Social Media , Strike , Unfair Labor Practices , Unions , Wages , Working Conditions

NLRB General Counsel Moves to Invalidate Noncompete Agreements

On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued Memorandum GC 23-08, setting forth her view that noncompete provisions in employment contracts and severance agreements...more

6/2/2023 / Employees , Employer Liability Issues , Employment Contract , Intellectual Property Protection , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Section 7

NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts

Lion Elastomers Revives a "Setting-Specific" Standard That Is Again Likely to Lead to Arbitrary Results and Conflicting Obligations Under Various Statutes - After the National Labor Relations Board's recent decision in...more

5/9/2023 / Disciplinary Proceedings , Employee Misconduct , Employees , Employer Liability Issues , Employment Litigation , NLRA , NLRB , Policies and Procedures

NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts - Lion Elastomers Revives a...

After the National Labor Relations Board's recent decision in Lion Elastomers LLC II, employers must now carefully navigate two "fundamentally different" classes of employee misconduct: 1) "misconduct during ordinary work,"...more

5/9/2023 / Discipline , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity

NLRB Announces Willingness to Impose Extraordinary Remedies for Repeat Offenders - Board's Decision in Noah's Ark Processors...

On March 20, 2023, the National Labor Relations Board issued a decision in Noah's Ark Processors, LLC, d/b/a WR Reserve, 372 NLRB No. 80 (2023). The Board's decision follows a memorandum issued by National Labor Relations...more

5/2/2023 / Collective Bargaining , Employer Liability Issues , NLRA , NLRB , Unfair Labor Practices , Unions

NLRB Rules Against Severance Agreements Deemed Overly Broad in McLaren Macomb Decision

Employers should take a fresh look at all of their severance agreements they have with former employees, or would typically propose to employees, following last week's decision of the National Labor Relations Board (the...more

3/3/2023 / Confidentiality Agreements , Employer Liability Issues , NLRA , NLRB , Non-Disclosure Agreement , Non-Disparagement Provisions , Section 7 , Severance Agreements

NLRB Proposed Standard Would Increase Potential Liability for Businesses Employing Third Parties

If a National Labor Relations Board proposed rule is implemented as drafted, businesses that contract with third parties to provide labor or services would face significantly more risk of being held jointly liable with these...more

9/19/2022 / Browning-Ferris Industries of California Inc. , Employer Liability Issues , Joint Employers , NLRA , NLRB , Staffing Agencies , Unions

Employers Beware: NLRB Special Remedies Are Becoming Extra Special

The National Labor Relations Board (NLRB) issues "make whole" remedies. What that entails is changing drastically. Because non-union employers will be disproportionately affected, the stronger remedies might come as an...more

2/16/2022 / Administrative Law Judge (ALJ) , Corporate Counsel , NLRA , NLRB , Unfair Labor Practices , Unions

NLRB Announces New Standard for Reviewing Discipline for Offensive and Abusive Conduct

Yesterday, the National Labor Relations Board (NLRB) in General Motors LLC announced a big win for employers by changing the standard under which it will evaluate discipline issued to employees who make abusive or offensive...more

7/22/2020 / Disciplinary Proceedings , Discipline , Discrimination , NLRA , NLRB , Protected Activity , Unions

NLRB Reinstates Rule Permitting Confidentiality During Workplace Investigations

In welcome news to employers, the National Labor Relations Board (NLRB) issued a decision on December 19, 2019, holding that employer rules requiring employee confidentiality during the course of workplace investigations are...more

2/25/2020 / Boeing , Confidentiality Policies , Employee Rights , Employer Liability Issues , Employment Policies , NLRA , NLRB , Section 7 , Workplace Investigations

NLRB General Counsel Applies Rule of Reason to Workplace Rules

The National Labor Relations Board’s General Counsel Peter Robb (“GC”), through his office’s Division of Advice, recently provided welcome guidance to employers wanting to adopt, and enforce, some common (and common sense)...more

5/31/2019 / NLRA , NLRB , NLRB General Counsel , Section 7 , Unions

Peter Finch

Davis Wright Tremaine LLP

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