News & Analysis as of August 17, 2025

Labor Law Violations

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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 GC Declares Secret Recordings in Bargaining a Per Se NLRA Violation

Burr & Forman on 8/15/2025

On June 26, 2025, the Acting General Counsel of the NLRB, William B. Cowen, issued GC Memorandum 25-07 (“Memorandum”) asserting that secretly recording collective-bargaining sessions – without the knowledge or consent of the...more

NLRB Shakeup: Trump Removes Two NLRB Officials

Amundsen Davis LLC on 1/29/2025

President Trump has ousted National Labor Relations Board (NLRB)Labor Law General Counsel Jennifer Abruzzo—a move that mirrors former President Biden’s unprecedented removal of the board’s general counsel four years ago....more

NLRB Counsel Cracks Down On “Stay-or-Pay” Provisions and Non-Competes: 7 Steps Employers Should Consider in Response

Fisher Phillips on 10/8/2024

The National Labor Relations Board’s chief lawyer just said that many “stay-or-pay” provisions – agreements where workers are asked to repay their employer if they separate from employment – violate federal law, and also...more

NLRB GC Provides Guidance to Regions on “Securing Full Remedies for All Victims of Unlawful Conduct”

Proskauer - Labor Relations Update on 4/18/2024

On April 8, 2024, National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo released a Memorandum providing guidance to Regional Directors, Officers-in-Charge, and Resident Officers concerning the GC’s...more

Concerns Over Cemex Bargaining Orders

Benesch on 11/27/2023

On August 25, 2023, the National Labor Relations Board (“NLRB”) decided Cemex Construction Materials Pacific, LLC, which lowered the threshold for the Board to issue a bargaining order rather than re-run an election when it...more

NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

Littler on 11/14/2023

The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The...more

NLRB General Counsel: Noncompete Agreements Violate Federal Labor Law

Morgan Lewis on 6/7/2023

The US National Labor Relations Board’s (NLRB’s) general counsel issued guidance on May 30 announcing that noncompete provisions contained in many employment agreements violate the National Labor Relations Act unless narrowly...more

NLRB General Counsel Says Non-Compete Agreements Usually Violate U.S. Labor Law

Foley & Lardner LLP on 6/6/2023

The increasingly loud anti-non-compete chorus gained another voice last week. On May 30, 2023, the General Counsel of the National Labor Relations Board issued Memorandum GC-23-08 (“Memo”), in which she posits that the...more

NLRB General Counsel: Most Non-Compete Agreements Violate Federal Labor Law

Kilpatrick on 6/6/2023

Historically, non-compete agreements between employer and employee have been matters of state law. However, in recent years, federal agencies have commenced efforts to curtail their use. For example, the Federal Trade...more

NLRB Expands Remedies to Address Repeat Offenders

Benesch on 4/26/2023

The National Labor Relations Board (the “Board”) has traditionally been limited in ways to remedy violations of federal labor law. Often, the Board is constrained to ordering “make-whole” relief like backpay and employee...more

NLRB General Counsel Continues Push for Extraordinary Remedies

Littler on 6/28/2022

On June 23, 2022, National Labor Relations Board General Counsel Jennifer Abruzzo released Memorandum GC 22-06, relating to her efforts “to secure full remedies” in settlements with the Board. This follows on her prior...more

General Counsel Seeks to Overturn 74 Years of Board Law Allowing Employers to Hold Anti-Union Meetings

Benesch on 4/8/2022

The chief lawyer for the National Labor Relations Board (the “Board”) wants to ban mandatory meetings called by employers during worktime to dissuade employees from joining unions, calling them an “unlawful threat” to...more

Top 10 Workplace Law Predictions for 2022

Fisher Phillips on 1/4/2022

Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

College Basketball Players Group Tips-Off Battle Over Student-Athlete Employment Status

Fisher Phillips on 11/16/2021

A nascent “advocacy” group just opened the first front in the newest battle over the status of collegiate student-athletes under the National Labor Relations Act. The College Basketball Players Association filed a one-line...more

The Labor Law Insider: Beware the Unfair Labor Practice - Not Just for Unions Anymore

Husch Blackwell LLP on 11/12/2021

In this episode, Husch Blackwell's Tom Godar, Kat Pearlstone and Sonni Nolan take an in-depth look at what an unfair labor practice is, why non-union employers need to be wary of these federal law violations, and how to avoid...more

NLRB General Counsel Issues Memorandum Urging Regions to Seek Punitive Remedies Against Employers Found to Violate the NLRA

Littler on 9/14/2021

National Labor Relations Board General Counsel (GC) Jennifer Abruzzo recently issued a hard-hitting Memorandum urging the Board’s regional offices to consider closely the full scope of aggressive remedies she deems available...more

NLRB’s General Counsel Signals Major Shift in Neutrality Agreement Between Employers and Unions Seeking to Organize Their...

Epstein Becker & Green on 12/10/2019

The General Counsel for the National Labor Relations Board (“Board” or “NLRB”) has signaled what may be a major resetting of the law on the Board’s position concerning the legality of so called neutrality agreements, in which...more

Executive Labor Summary - January / February 2018

Constangy, Brooks, Smith & Prophete, LLP on 2/28/2018

NEWS & ANALYSIS- NLRB’s Emanuel under fire, and “joint employment” standard is in doubt. After a brief window of time in late 2017 when Republican Members outnumbered Democratic Members on the National Labor Relations Board,...more

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The National Labor Relations Act › NLRB General Counsel › Labor Law Violations

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