News & Analysis as of

The National Labor Relations Act Corporate Counsel Employment Contract

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
ArentFox Schiff

How Policy Changes at the NLRB Could Affect Severance and Noncompete Agreements

ArentFox Schiff on

On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more

Venable LLP

Labor Law Changes Employers Can Expect Under the Second Trump Administration

Venable LLP on

As President-elect Trump continues to announce appointments of key officials for his incoming administration, many employers are left wondering: How will the Trump administration's policies affect the day-to-day practices and...more

DLA Piper

Federal Crackdown on Worker Mobility Restrictions Continues Despite Early Setbacks

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Throughout the Biden Administration, worker mobility has been a touchstone of federal antitrust enforcement priorities. Despite several previous and well-publicized setbacks, federal agencies continue to pursue enforcement...more

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

Carlton Fields on

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

Faegre Drinker Biddle & Reath LLP

Top 10 Noncompete Developments of 2023

2023 was an eventful year for those following state and federal noncompete law developments. Federal agencies, state legislatures and courts continued to take steps to narrow the circumstances under which noncompetition...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

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The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

WilmerHale

States Continue Trend of Banning Employee Non-Competes

WilmerHale on

Coming on the heels of the Federal Trade Commission’s proposed rule banning employee non-competes and one week before the National Labor Relations Board’s General Counsel published a memo taking the position that...more

Payne & Fears

NLRB Enforces Strict Requirements for Savings Clauses in Employee Arbitration Agreements

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The National Labor Relations Board (“NLRB” or “Board”) has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which applies to...more

Fisher Phillips

5 Things You Need To Know About The Labor Board’s New Joint Employment Rule

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The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more

Zuckerman Spaeder LLP

Be Careful What You Wish For: DoorDash Must Arbitrate Thousands of Wage Claims

Zuckerman Spaeder LLP on

Many employers strongly prefer arbitration to litigating with their employees in court. Employers often believe—and the Supreme Court has agreed—that arbitration of employment disputes has many benefits, including potential...more

Proskauer - Labor Relations Update

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

Fisher Phillips

March 2019: The Top 14 Labor And Employment Law Stories

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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 month...more

Fisher Phillips

Other Shoe Drops: Court Hands Uber Massive Class Action Win After SCOTUS Victory

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It was just a matter of time. After the Supreme Court cleared the way for businesses to use class waivers with their employees and contractors with the Epic Systems ruling this past May, many observers expected that the...more

Skadden, Arps, Slate, Meagher & Flom LLP

2017-18 Supreme Court Update

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

Seyfarth Shaw LLP

Class Waivers at the Divided Supreme Court: Employers Cautiously Optimistic

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Seyfarth Synopsis: Following oral argument, employers should be cautiously optimistic that the Supreme Court will allow mandatory arbitration programs containing waivers of the ability to bring collective and class actions....more

Foley & Lardner LLP

Federal Government Does About-Face on Enforcement of Arbitration Agreements in Employment Contracts

Foley & Lardner LLP on

One of the changes in approach that the current administration has taken to the legal system—a change often overshadowed by other headlines—is the current administration’s willingness to enforce arbitration clauses. While...more

Littler

Supreme Court Will Review Three Cases Involving the Lawfulness of Class and Collective Action Waivers

Littler on

On January 13, 2017, the U.S. Supreme Court granted certiorari in three cases involving the lawfulness of class and collective action waivers in arbitration agreements. Since the National Labor Relations Board’s 2012...more

Williams Mullen

Class Action Waivers in Employment Arbitration Agreements? Not as 'Fresh & Easy' as You Think

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Many companies require their employees to sign employment agreements in which the employees agree that any claims they have against the company, including class action claims, will be decided only through private arbitration...more

Pullman & Comley - Labor, Employment and...

The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

The NLRB’s new focus on non-union employment has been well–chronicled here. Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations...more

Mintz - Employment, Labor & Benefits...

NLRB Again Attempts to Invalidate Mandatory Arbitration Clauses for Employment Claims

In its Murphy Oil decision, the National Labor Relations Board affirmed its 2012 holding in D. R. Horton, which found an employer violates the NLRA when it requires employees “as condition of their employment, to sign an...more

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