The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II
Employee Rights in Non-Unionized Workplaces: What's the Tea in L&E?
The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II
The Labor Law Insider - How Unions Are Navigating Trump 2.0, Part I
The Burr Broadcast: Captive Audience Meetings
The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part II
#WorkforceWednesday®: Biden’s Final Labor Moves - Employment Law This Week®
The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part I
Employment Law Now VIII-153 - NLRB General Counsel on Illegal "Stay or Pay" Employee Agreements
Labor Law Insider - Non-Competes, Including “Pay-or-Stay” Provisions, Under Continued Assault
#WorkforceWednesday®: How to Navigate Employee Stress After Election Day - Employment Law This Week®
Constangy Clips Ep. 4 - 3 Things that Keep your Labor and Employment Lawyer Up at Night
#WorkforceWednesday®: NLRB’s Expanding Power - Pushback and Legal Challenges Ahead - Employment Law This Week®
The Labor Law Insider: Whistleblower Breaks Details of NLRB Mail Ballot Election Abuse - Part I
Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part II
The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv, Part II
The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv
SCOTUS Limits Availability of Injunctions in NLRB Unfair Labor Practice Cases - Employment Law This Week®
Labor Law Insider—Dartmouth Basketball Team Unionizes: The NLRB Sets a Pick for Unions
Navigating Workplace Policy Evolution: Insights on NLRB Standards and Employee Handbook Best Practices
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the National Labor Relations Board (“NLRB” or the “Board”) issued General Counsel Memorandum 25-05 (“GC 25-05”), which rescinded dozens of previously issued memoranda and...more
As we have previously covered in EmployNews, in June 2023, the general counsel for the National Labor Relations Board (NLRB) released a memo arguing that most noncompete agreements violate Section 7 of the National Labor...more
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more
As fall creeps up on us — and you trade your beach days and barbeques for hayrides and horror flicks — don’t forget about all the activity from the National Labor Relations Board (NLRB) this past summer that could cause...more
The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in employment...more
Section 7(a) of the NLRA Applies to More Than Just CBA Employees- In general, Section 7 of the National Labor Relations Act (“NLRA”) provides employees nationwide with certain rights relating to organizing with other...more
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
Since the Supreme Court’s 2018 decision in Epic Systems v. Lewis, which deemed class action waivers in employment agreements permissible, employers have increasingly relied upon mandatory arbitration provisions to limit...more
In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more
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
Employee walkouts and protests are likely to occur on a large scale starting yesterday and lasting through Thursday, spurred on by the union-supported “Fight for $15” movement and in anticipation of the upcoming midterm...more
Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more
On May 21, 2018, the United States Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act. 584 U.S. ___ (Dkts. 16-285,...more
The newly installed General Counsel for the National Labor Relations Board published a memorandum late last week indicating that the General Counsel is preparing to push to reverse many of the controversial positions taken...more
Employers returning from the Memorial Day weekend were on the receiving end of bad news as they learned that the 6th Circuit Court of Appeals became the third federal appeals court to strike down mandatory class action...more
Last week, the United States Supreme Court informed litigants in Epic Systems Corp. v. Lewis that it is pushing the case to its October 2017 term. The lawsuit, which rose up through the Western District of Wisconsin and the...more
As our regular readers already know, the Supreme Court is poised to decide one of the most contentious issues facing the wage-and-hour world—namely, whether class- and collective-action waivers render workplace arbitration...more
Last Friday, the U.S. Supreme Court agreed to hear three cases with a similar question: whether employers can force employees to arbitrate employment claims on an individual basis and bar such claims from being brought...more
If your company uses a class action waiver in your employment agreements and you are located in Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, the Northern Mariana Islands, Oregon, or Washington, you are...more
As we recently noted, the National Labor Relations Board (NLRB) is laser-like focused on scrutinizing employer personnel policies. In yet another example of this ongoing campaign, a recent administrative law judge (ALJ)...more
The Ninth Circuit is the latest court to consider the NLRB’s position that class and collective action waivers violate the NLRA; here, the court ruled that an arbitration agreement that completely prevents employees from...more
Employers who require employees to sign arbitration agreements as a condition of employment should take care: A split is developing among the federal appellate courts regarding the enforceability of so-called “concerted...more
On August 22, 2016, the U.S. Court of Appeals for the 9th Circuit (which covers California) struck down a "concerted action waiver" (i.e., a waiver of class, collective or other group actions) in an arbitration agreement....more
On August 22, 2016, the Ninth Circuit joined the Seventh Circuit in the split amongst U.S. Circuit Courts of Appeal on the issue of enforceability of employment arbitration agreements precluding class actions. The Ninth...more
Beginning in approximately 2012, the National Labor Relations Board (“NLRB”) adopted the position that any class action waiver contained in an employment arbitration policy or agreement violates the right of employees to...more