News & Analysis as of August 17, 2025

Employment Discrimination

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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 +

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

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the National Labor Relations Board (“NLRB” or the “Board”) issued General Counsel Memorandum 25-05 (“GC 25-05”), which rescinded dozens of previously issued memoranda and...more

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 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

[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

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

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

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