NLRA, Employment Discrimination, NLRB

NLRB Acting General Counsel issues memorandum on union salting

Eversheds Sutherland (US) LLP on 8/1/2025

On July 24, 2025, Acting General Counsel William B. Cowen of the National Labor Relations Board (NLRB) issued GC Memorandum 25-08, offering updated guidance to regional offices evaluating cases involving “salting”—a union...more

Hold the Salt: Essential Takeaways from NLRB Acting GC’s Guidance On Union Salting Investigations

Proskauer - Labor Relations Update on 7/29/2025

On July 24, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-08 to the Board’s 26 regional offices providing guidance on determining if an...more

NLRB Shakeup – General Counsel Scraps Dozens of Biden-Era Policy Memoranda

Bowditch & Dewey on 2/25/2025

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or the “Board”) issued General Counsel Memorandum 25-05 (“GC 25-05”), which rescinded dozens of previously issued memoranda and...more

Kanye’s Wife’s Grammy Dress Provides a Lesson in Dress Codes

FordHarrison on 2/19/2025

During the biggest night in music, the 2025 Grammy awards ceremony, Kanye’s wife, Bianca Censori, caused quite a commotion by walking the red carpet when she removed her coat to reveal . . . just about everything. Her dress,...more

Trump Fires EEOC & NLRB Commissioners, Breaking with Precedent and Stalling Agency Actions

Foley Hoag LLP on 2/3/2025

On January 27, 2025, President Donald Trump made sweeping and unprecedented changes to both the EEOC and NLRB, firing two of the three Democratic members of the EEOC, Commissioners Jocelyn Samuels and Charlotte Burrows, and...more

Former NLRB GC Abruzzo’s Parting Words on the Complementary Relationship between NLRA and EEOC Statutes

Littler on 1/29/2025

On January 16, 2025, then-NLRB General Counsel Abruzzo issued Memorandum GC 25-04, Harmonization of the NLRA and EEO Laws. The memo responds to criticism from employers that NLRB decisions issued under the Biden...more

NLRB’s General Counsel Provides Guidance on Balancing NLRA and Equal Employment Laws

McGlinchey Stafford on 1/28/2025

All employees have a right to engage in concerted activity under the National Labor Relations Act (NLRA)—often called “protected concerted activity (PCA)”—meaning that even in a non-union environment, an employer cannot...more

NLRB GC Issues Memo on Harmonizing NLRA and EEO Laws

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/20/2025

The National Labor Relations Board (NLRB) general counsel (GC) has issued a memorandum explaining her view on how employers can balance compliance with the National Labor Relations Act (NLRA) and equal employment opportunity...more

The intersection of partisan political speech and employee rights. Look both ways before crossing.

Constangy, Brooks, Smith & Prophete, LLP on 1/16/2025

Considering the barrage of vitriolic campaign ads that invaded our homes on a nightly basis during the past year, you might think that political debate in America had reached a new low. Think again....more

Managing Political Speech in the Workplace

Husch Blackwell LLP on 9/9/2024

As the 2024 general election draws near, employers can anticipate a rise in political expression from employees both inside and outside of the workplace. Political speech encompasses a broad array of activities, extending far...more

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

Foster Swift Collins & Smith on 8/7/2024

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

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Starbucks Union Dispute Reaches Supreme Court

Benesch on 1/23/2024

On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

It’s an election year. Be careful out there.

Constangy, Brooks, Smith & Prophete, LLP on 12/19/2023

It’s an election year. Be careful out there. “A long time ago, in a galaxy far, far away,” I represented labor unions. Actually, it was more like 30+ years ago and a few miles down I-85 in Atlanta. Just like that opening...more

Non-Union Employers Face Triple Threat: Unfair Labor Practice Charges, Unionization, and Bargaining Orders

Davis Wright Tremaine LLP on 10/20/2023

The National Labor Relations Board has released more statistics that further confirm what labor lawyers suspected: Employers are subject to more unfair labor practice charges, Employees and labor organizations are...more

NLRB Clarifies Burden Shifting Framework in Mixed-Motive Cases

Proskauer - Labor Relations Update on 9/1/2023

On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023) clarifying the standard by which the General Counsel satisfies her initial...more

Employment Implications Arising from Dobbs v. Jackson Women's Health Organization

Holland & Knight LLP on 6/30/2022

The U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization on June 24, 2022, overturning Roe v. Wade and Planned Parenthood v. Casey and holding that there is no right to abortion in the U.S....more

The Top 20 Non-COVID Workplace Law Stories Of 2020

Fisher Phillips on 12/11/2020

That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

GC Finds Merit in COVID-19 Related ULP Cases in GC Memo 20-14

Sheppard Mullin Richter & Hampton LLP on 9/23/2020

On September 18, the Board’s GC issued GC Memo 20-14, entitled Summaries of Advice Merit Determinations Related to Coronavirus Disease 2019 Issues for the purpose of giving the public a better understanding of the GC’s...more

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on 8/4/2020

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

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

Seyfarth Shaw LLP on 1/23/2020

Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

The NLRB Permits Employers to Impose Confidentiality Requirements in Ongoing Workplace Investigations

Herbert Smith Freehills Kramer on 12/23/2019

On Dec. 17, 2019, the National Labor Relations Board (NLRB) held that confidentiality mandates during the course of workplace investigations are presumptively lawful. ...more

NLRB rules employer can remove labor organizers from its parking lot

Bricker Graydon LLP on 10/31/2019

The National Labor Relations Board (NLRB) recently issued another decision benefitting employers by holding that an employer does not violate the National Labor Relations Act (NLRA) when it removes from the employer’s parking...more

The National Labor Relations Act › Employment Discrimination › National Labor Relations Board