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Enforcement Employer Liability Issues National Labor Relations Board

Jackson Lewis P.C.

Mid-Year 2025

Jackson Lewis P.C. on

The last six months have been a tumultuous time for employers. The pace and degree of change is creating new challenges — and ongoing uncertainty. Our Mid-Year 2025 report sifts through the volume of federal-level executive...more

Nutter McClennen & Fish LLP

NLRB General Counsel Says Noncompete and "Stay-or-Pay" Arrangements May Expose Employers to Damages

On May 30, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC), Jennifer Abruzzo, issued a memorandum setting forth the GC’s position that the proffer, maintenance, or enforcement of noncompete agreements...more

Davis Wright Tremaine LLP

FTC Commissioner Bedoya Signals Agency's Expansion Into Labor Matters

FTC Commissioner Alvaro Bedoya proposed expanding the agency's power under Section 5 of the FTC Act to situations where employers improperly classify workers as independent contractors. Section 5 of the FTC Act broadly...more

Sheppard Mullin Richter & Hampton LLP

It’s Not Just the NLRB Watching You - NLRB Adds the Consumer Financial Protection Bureau to Its Ever Growing List of Interagency...

On March 7, 2023, the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFPB) signed a Memorandum of Understanding (“CFPB MOU”) that created a formal partnership between the two agencies. Per...more

Sheppard Mullin Richter & Hampton LLP

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

BakerHostetler

Raising the Stakes: National Labor Relations Board Expands Remedies for Labor Law Violations

BakerHostetler on

The price of poker just went up for employers facing unfair labor practice charges before the National Labor Relations Board (NLRB, or Board). On October 24, 2014, the NLRB asserted that it had broad authority to order...more

Nexsen Pruet, PLLC

Brand Standards Are for Everyone

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Now more than ever, it is important to understand brand standards: why they are set; how they affect franchisors, franchisees, and customers; and what the boundaries of brand enforcement policies should be....more

Allen Matkins

NLRB Rules It Illegal For Employer To Say It Will Comply With The Law

Allen Matkins on

Recently, the National Labor Relations Board concluded that an employer violated the law when it adopted a policy requiring employees to “Keep customer and employee information secure. Information must be used fairly,...more

Foley & Lardner LLP

You’re NOT Paranoid – the Agencies ARE Ganging Up

Foley & Lardner LLP on

Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government...more

Cranfill Sumner LLP

How to Avoid Being the Next Casualty in the EEOC’s War on Employee Separation Agreements

Cranfill Sumner LLP on

In its current Strategic Enforcement Plan, the U. S. Equal Employment Opportunity Commission says that it is fed up with and will target employer “policies and practices that discourage or prohibit individuals from exercising...more

Holland & Knight LLP

Potential Liability of General Contractors for Actions of Subcontractors on PLA Projects

Holland & Knight LLP on

A Third Circuit ruling in a case brought by a sheet metal workers union raises the possibility that general contractors may be liable if their subcontractors fail to assign work in accordance with the terms of a project labor...more

Orrick - Employment Law and Litigation

Company E-mail Use Policies: The Next Battleground for the NLRB?

As reported in prior blogs, the National Labor Relations Board (NLRB) has become increasingly active in attacking employer policies on the grounds that those policies chill employees’ rights to engage in concerted activity....more

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