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Labor Relations Employer Liability Issues The National Labor Relations Act

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

Sheppard Mullin Richter & Hampton LLP

NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se...

As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) is likely to undergo substantial policy changes during President Trump’s second term. This process began when President Trump took the...more

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

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The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Lerch, Early & Brewer

NLRB Finds Captive-Audience Meetings Unlawful

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In mid-November, the National Labor Relations Board (NLRB) overturned 75 years of precedent and found that captive-audience meetings violate the National Labor Relations Act (NLRA) in its Amazon.com Services LLC decision....more

Perkins Coie

Divided Ninth Circuit Panel Upholds NLRB’s Enhanced Remedial Powers

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In IUOE, Local 39 v. National Labor Relations Board, No. 23-124, No. 23-150, 23-188, a U.S. Court of Appeals for the Ninth Circuit panel issued a 2-1 ruling on January 21, 2025, enforcing a National Labor Relations Board...more

Morgan Lewis

NLRB Returns to “Clear and Unmistakable Waiver” Test for Assessing Employer Unilateral Changes

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In Endurance Environmental Solutions, the National Labor Relations Board returned to the “clear and unmistakable waiver” standard for determining whether an employer may make changes to terms and conditions of employment...more

Jackson Lewis P.C.

Uphill Battle for Employer Unilateral Changes as NLRB Returns to “Clear and Unmistakable Waiver” Standard

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The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more

Burr & Forman

The Burr Broadcast: Captive Audience Meetings

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In this episode of The Burr Broadcast, Joe Barnello examines the recent decisions from the National Labor Relations Board on so-called captive audience meetings and communications regarding the management-employee...more

Spilman Thomas & Battle, PLLC

NLRB Restricts Captive Audience Meetings

In November 2024, in Amazon.com Services LLC, the National Labor Relations Board (NLRB) ruled that an employer violates the National Labor Relations Act (NLRA) when it requires employees to attend meetings in which the...more

Bodman

Mandatory “Captive Audience” Meetings Now Illegal

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Since the 1940’s, the National Labor Relations Board (“the Board”) has held the position that mandatory meetings with employees where the employer expresses its views on unions, typically referred to as “Captive Audience...more

Epstein Becker & Green

#WorkforceWednesday®: Biden’s Final Labor Moves - Employment Law This Week®

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This week, we're highlighting several last-minute changes from federal agencies before the Trump administration takes office. These include the National Labor Relations Board’s (NLRB’s) recent ban on captive audience...more

Epstein Becker & Green

NLRB Finds Lawful Employer Statements to Employees Are Unlawful Going Forward

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Just hours after it became clear that Donald Trump would be returning to the White House, the majority Democratic National Labor Relations Board (“NLRB”) showed no signs of slowing down its efforts to implement the Biden...more

Baker Donelson

NLRB Places Further Restrictions on Employers: Captive Audience Meetings Restricted

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The National Labor Relations Board (the Board) voted 3-1 (along party lines, with Member Kaplan dissenting) on November 13, 2024, to prohibit so-called "captive audience" meetings.1 In doing so, the Board overturned...more

Bodman

Beware of Union Organizing Pitfalls

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On October 14th, The National Labor Relations Board (“NLRB”) announced that the number of union organizing petitions filed from October 1, 2023 to September 30, 2024, more than doubled from the same period in 2021.  Petitions...more

Littler

The NLRB Decision on Mandatory Employer Meetings Has Other, Less Obvious Implications for Employers

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The recent NLRB decision finding that mandatory employer meetings involving unionization discussions are unlawful includes other points that will affect employers....more

Littler

NLRB Jettisons 76-Year-Old Precedent Covering Workplace Meetings

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Since 1948, Section 8(c) of the National Labor Relations Act (NLRA) had been interpreted to protect the First Amendment right of employers to bring employees together to exchange views, arguments, and opinions about...more

Seyfarth Shaw LLP

Derivative Carriers Don’t Exist in the Air Industry, Says the NMB in Swissport

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In a recent advisory opinion following the National Labor Relations Board’s (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA) applies to Swissport Cargo Services, LP, 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

Vorys, Sater, Seymour and Pease LLP

Captive Audience Meetings: A Thing of the Past?

For decades, employers faced with ongoing workplace unionization could hold a mandatory meeting, on paid time, to educate employees on the potential impacts of unionization and offer the employer’s perspective on unionizing...more

Polsinelli

The NLRB Overturns Another Longstanding Rule Involving Employers Expressing Views on Unionization to a “Captive Audience”

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On November 13, 2024, the National Labor Relations Board (“NLRB”) issued a sharply divided decision in Amazon.com Services LLC, overruling yet another decades-old rule and holding that captive-‍audience meetings violate...more

Steptoe & Johnson PLLC

National Labor Relations Board Says No More Mandatory Captive-Audience Meetings

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On November 13, the National Labor Relations Board (the Board) held that so-called captive-audience meetings — meetings where employers require employee attendance and argue against unionization — violate the National Labor...more

Stinson LLP

After 76 Years, the NLRB Declares Captive-Audience Meetings Unlawful

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On November 13, 2024, the National Labor Relations Board (NLRB) held in Amazon.com Services LLC, 373 NLRB No. 136, that "captive-audience" meetings are unlawful under the National Labor Relations Act (NLRA). Specifically, the...more

Bass, Berry & Sims PLC

NLRB Releases Two Major Decisions Less Than a Week Apart

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The National Labor Relations Board (NLRB or Board) recently issued two rulings that caused a seismic shift in what is permissible employer conduct during a union organizational campaign. While there is uncertainty about the...more

Steptoe & Johnson PLLC

National Labor Relations Board Ditches Decades-Long Precedent on Employers’ Unionization Threats

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On November 8, in Siren Retail Corp., 373 NLRB No. 135 d/b/a Starbucks, the National Labor Relations Board (NLRB or Board) overturned its categorical rule that immunized nearly all employers’ statements concerning the effects...more

CDF Labor Law LLP

NLRB’s New Ruling Bans Captive-Audience Meetings

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Earlier this week, on November 13, 2024, the National Labor Relations Board (NLRB) issued its decision in Amazon.com Services LLC, ruling that employers violate the National Labor Relations Act (NLRA) by requiring employees...more

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