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Employer Liability Issues Unions NLRB General Counsel

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

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

Maynard Nexsen

NLRB Expands Definition of “Unlawful Communication” to Employees Concerning Effects of Unionization on Employer-Employee...

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On November 8, 2024, the National Labor Relations Board (“NLRB” or the “Board”) ruled that employers can no longer broadly warn employees that unionizing may strain or negatively impact their direct relationship with...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

Jackson Lewis P.C.

NLRB Overrules Standard on Employer Predictions for How Unionizing Impacts Employer-Employee Relationship

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The National Labor Relations Board once again has reversed precedent. It will now use a case-by-case analysis to determine whether an employer’s statements about the negative impacts of unionization on the relationship...more

Epstein Becker & Green

#WorkforceWednesday®: What a Trump Win Means for Unions - Employment Law This Week®

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This week, we're analyzing how the upcoming Trump administration may affect National Labor Relations Board (NLRB) policies and enforcement priorities promoting union activity, recent court decisions on union protections, and...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Genova Burns LLC

Supreme Court Agrees To Resolve Circuit Court Conflict Over Standard For Section 10(j) Injunction In Unionization Efforts...

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The boiling dispute over the unionization of baristas is heading to the Supreme Court. Section 10(j) of the National Labor Relations Act authorizes federal courts to issue preliminary injunctions against employers that are...more

Lathrop GPM

NLRB Clears Path for Union Representation Without an Employee Vote

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For decades, the National Labor Relations Board (“NLRB”) has found that secret ballot elections are the best method for determining whether workers want to be represented by a union. A recent memo from the NLRB General...more

Seyfarth Shaw LLP

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

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Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the applicability of its new Cemex...more

Littler

NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

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The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The...more

Seyfarth Shaw LLP

Held Captive No More: New York Enacts Legislation Prohibiting Mandatory Meetings Regarding Employers’ Political (But Really Union)...

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Seyfarth Synopsis: On September 6, 2023, New York Governor Kathy Hochul signed into law legislation that, effective immediately, prohibits employers from disciplining employees who refuse to participate in meetings concerning...more

Fox Rothschild LLP

In Latest Pro-Labor Rulings, NLRB Sharply Curtails Management’s Ability to Change Union Workers' Employment Terms

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In a pair of decisions issued on Aug. 30, 2023, the National Labor Relations Board (NLRB) established new, restrictive standards for evaluating when a unionized employer may avoid bargaining over changes to employees’ terms...more

Jackson Lewis P.C.

Labor Board Expands an Employer’s Duty to Bargain During Contract Negotiations

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Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and...more

Fox Rothschild LLP

NLRB's New Framework for Union Organizing Puts Employers at a Severe Disadvantage

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The National Labor Relations Board has issued a groundbreaking decision that jettisons 50 years of established law to provide unions a more favorable framework to organize nonunion companies. On the heels of new rules...more

Morgan Lewis

New NLRB Rules Favor Mandatory Union Recognition & Limit Employee Voting in Secret-Ballot Elections

Morgan Lewis on

The National Labor Relations Board drastically changed the process for unions seeking recognition of most private sector employees in the United States. Abandoning 50 years of established law, in Cemex Construction Materials...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

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Announces Employee Non-Compete Agreements Violate the NLRA

On the heels of the National Labor Relations Board’s decision in McLaren Macomb, which invalidated most confidentiality and nondisparagement provisions in a variety of employment agreements (as we covered here and here), NLRB...more

BCLP

Under-Reasoned Overreach: The NLRB General Counsel’s Opinion on Employee Noncompetes

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On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum in which she opined that nearly all noncompetition agreements with employees violate the National Labor Relations...more

Hinshaw & Culbertson - Employment Law...

NLRB General Counsel Memo Argues Non-Compete Agreements Violate the NLRA

The General Counsel of the National Labor Relations Board (the Board) took aim at non-compete and non-solicitation agreements in Memorandum GC 23-08, issued on May 30, 2023. The General Counsel of the Board, Jennifer Abruzzo,...more

Williams Mullen

Tales from the NLRB: General Counsel to Treat Most Non-Compete Agreements as Unfair Labor Practices

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On May 30, 2023, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (Board), issued a guidance memo (the “Memo”) stating that non-compete agreements or similar restrictive covenants in settlement...more

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

NLRB General Counsel Seeks Quicker Compliance With Board Orders

In yet another effort to speed up the processing of cases, the National Labor Relations Board (NLRB) general counsel on May 22, 2023, issued a memorandum instructing Regional Offices to speed up compliance with Board-ordered...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Issues Memo Updating Prosecutorial Priorities

On March 20, 2022, National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo issued a memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers updating the cases they are...more

Littler

NLRB follows the General Counsel’s Lead: Enhanced Remedies May Now Apply to Bad-Faith Bargaining

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On April 20, 2023, a three-member panel of the National Labor Relations Board (Board) ruled 2-1 in Noah’s Ark Processors LLC, 372 NLRB No. 80 (2023), that a combination of remedies imposed for unfair labor practices by an...more

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