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Employee Rights Employer Liability Issues NLRB General Counsel

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Fisher Phillips

Trump Names New Labor Board Nominees: The 5 Cases That Could Soon Reshape the Law

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After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant...more

Maynard Nexsen

Acting NLRB General Counsel Rescinds Several GC Memos, including Guidance on Restrictive Covenants

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On February 14, 2025, newly appointed National Labor Relations Board Acting General Counsel William Cowen issued a General Counsel memorandum rescinding several memoranda issued by prior NLRB GC Jennifer Abruzzo. Among of...more

Keating Muething & Klekamp PLL

NLRB Acting General Counsel Rescinds Numerous Predecessor’s Memoranda

On February 14, 2025, National Labor Relations Board (NLRB) acting General Counsel William B. Cowen rescinded several memoranda issued by the former NLRB General Counsel Jennifer Abruzzo. The rescinded memoranda include, GC...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2024 Year-End Review

The hits just kept coming from the National Labor Relations Board in 2024. The final year of the Biden board produced a flurry of decisions that kept labor practitioners on their toes. It seemed that each month, there was a...more

Foley Hoag LLP

After Nearly Eight Decades of Lawful Captive-Audience Meetings, Employers Are Now Prohibited From The Practice

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On November 13, 2024, the National Labor Relations Board (“Board”) overturned Babcock & Wilcox, 77 NLRB 577 (1948), which had—for over 75 years—protected employers’ right to hold mandatory meetings on their premises to...more

Fisher Phillips

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

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Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more

Ervin Cohen & Jessup LLP

National Labor Relations Board Adopts Stricter Employer Workplace Rule Standard

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Under the National Labor Relations Act (NLRA), employees have “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage...more

Fisher Phillips

Labor Board Signals Continued Expansion of Employee Rights: Your Questions Answered

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A recent Advice Memo issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) provides all employers – union and non-union alike – with yet another warning that more of your employment...more

Miller Canfield

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

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The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more

Polsinelli

The NLRB’s New Rule for Workplace Rules

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The National Labor Relations Board (the “Board”) issued its long-awaited decision regarding employer work rules that impacts both unionized and non-unionized workplaces. In Stericycle, the Board altered the standard for...more

Stradling Yocca Carlson & Rauth

The NLRB Strikes Again, this Time It’s Noncompete Agreements

On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (the “NLRB”), issued a memo arguing that requiring employees to sign non-competition agreements violates the National Labor Relations...more

Eversheds Sutherland (US) LLP

National Labor Relations Board’s general counsel piggybacks FTC in memo claiming most non-compete agreements violate the NLRA

On May 30, 2023, the federal government continued its crusade against employee non-compete agreements. Jennifer A. Abruzzo, the NLRB’s General Counsel, issued a Memo to all Regional Directors, in which she stated that, absent...more

Keating Muething & Klekamp PLL

New NLRB General Counsel Guidance Threatens Ability to Enforce Non-Compete Agreements

Employers seeking to enforce non-compete agreements against their former employees will face a new hurdle following the latest news out of Washington, DC. National Labor Relations Board (“NLRB”) General Counsel Jennifer A....more

Bond Schoeneck & King PLLC

NLRB General Counsel Releases Guidance on Board’s McLaren Macomb Decision

On Feb. 21, 2023, the National Labor Relations Board (the Board) ruled in McLaren Macomb, 372 NLRB No. 58, that the mere proffer of a draft severance agreement containing broad confidentiality and non-disparagement provisions...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Davis Wright Tremaine LLP

GC Abruzzo Continues Her Assault on NLRB Decisions She Believes Are Too Employer Friendly

In a memo released March 20, the National Labor Relations Board's General Counsel, Jennifer Abruzzo, updated her remaining prosecutorial priorities, identifying the kinds of cases she wants regional offices to send her for...more

McNees Wallace & Nurick LLC

NLRB General Counsel Enters the Discussion on AI in the Workplace

We previously posted about employer use of Artificial Intelligence, AI, and the emerging legal issues associated with such tools. Recently, the National Labor Relations Board General Counsel issued GC Memorandum 23-02, which...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor – Fall 2022

In the last issue of the Ogletree Deakins Practical NLRB Advisor, we utilized this space to remark that the current general counsel’s (GC) multifaceted and radical agenda posed genuine institutional issues for the National...more

Bodman

NLRB General Counsel Puts Employers on Notice That Employee Electronic Monitoring May Violate the NLRA

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As technological advancements make electronic monitoring of employees easier, the proliferation of remote work creates new and strong incentives for employer investment in such monitoring tools. This dynamic prompted National...more

Epstein Becker & Green

Following the Recent Regulatory Trends, NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the...

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On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more

McAfee & Taft

Electronic management tools targeted as potentially illegal workplace surveillance

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The General Counsel of the National Labor Relations Board recently issued another General Counsel’s Memorandum to announce her next litigation target.  Memorandum GC 23-02, issued October 31, 2022, takes aim at electronic...more

Davis Wright Tremaine LLP

NLRB General Counsel Pushes for "Vigorous Enforcement" of Employers' Use of Technology

Employers have long used electronic management tools to track and improve employee performance, including GPS on company vehicles, employee badges for access or timekeeping, and monitoring software on work computers. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New NLRB General Counsel Memorandum Continues Trend of Increasing Oversight of Employer Technology Use

Over the last decade, and arguably accelerated by the pandemic, employers have increasingly relied on new technologies to monitor, manage, and hire employees. Some of these technologies include tracking devices, keyloggers,...more

Fisher Phillips

NLRB General Counsel Announces Plans to Crack Down on Workplace Monitoring Practices

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The top lawyer from the National Labor Relations Board recently announced that agency investigators should target workplace surveillance and “algorithmic management” technologies that have a “tendency” to interfere with...more

Littler

NLRB General Counsel Calls for Board to Crack Down on Electronic Surveillance and Automated Management Practices

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Technology has revolutionized the workplace and has bolstered business operations and efficiency. Employers are increasingly using automated management systems and other electronic means to ensure that their workplaces are...more

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