The NLRB Overturns Decades-Old Precedent by Banning Captive-Audience Meetings
The National Labor Relations Board (NLRB or Board) made the inevitable official when it recently held that employee attendance at employer-mandated meetings where employers express their views on...
View ArticleNLRB GC to Seek Broad Remedies for Non-Compete and Stay-or-Pay Provisions –...
As we noted in Part I of this special two-part blog, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued an important policy memorandum last month. In GC Memorandum 25-01,...
View ArticleNo, You Can’t Fire Employees for Threatening to Strike!
With less than three months until the 2024 presidential election, the United Auto Workers (UAW) union filed unfair labor practice charges against the campaign of Republican presidential nominee Donald...
View ArticleSo, A Union’s Own Unionized Workers Go On Strike…
For those of us labor attorneys who represent management in labor relations, there was a bit of schadenfreude (i.e. pleasure in another’s misfortune) with the news that employees engaged in a strike...
View ArticleNLRB Injunctions Are Now More Difficult to Obtain, At Least in Some...
In Starbucks Corp. v. McKinney, the Supreme Court held that a more stringent test applied to lawsuits filed by the National Labor Relations Board (the “Board”) that seek injunctions to halt serious...
View ArticleGeneral Counsel Abruzzo’s Latest Memorandum Encourages a Further Expansion of...
On April 8, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued GC Memo 24-04, providing yet another memorandum broadening remedies for employees that have been wrongfully...
View ArticleSo, Dartmouth Won’t Play Ball with the Union…
As our associate Evan Conder reported in a blog post last month, a Regional Director for the National Labor Relations Board issued a game-changing decision that players on Dartmouth’s men’s basketball...
View ArticleDisplay of BLM Insignia = Protected Concerted Activity
This is true in the context of existing race discrimination concerns and complaints in this particular (non-union) workplace, according to the National Labor Relations Board in a case involving Home...
View ArticleIs the NLRB Overstepping? Proposed Remedy Would Give Unions Hiring Control
The National Labor Relations Board’s (the Board) General Counsel, Jennifer Abruzzo ,has sought stronger remedies for violations of the National Labor Relations Act. Her newest proposed remedy would, in...
View ArticleMarch Madness in February? Unionization Heats Up College Sports Landscape
On February 5, 2024, Laura Sacks, Regional Director for Region 1 of the National Labor Relations Board (“NLRB”), ruled that players on Dartmouth’s men’s basketball team are “employees” within the...
View Article“Stay-or-Pay”? A Potential TRAP for Employers!
A recent New York Times article highlighted the use and, frankly, abuse of Training Repayment Agreement Provisions (TRAP – oooooh, good acronym!), also known as stay-or-pay provisions. Under a TRAP, if...
View ArticleWhat Impact Will President Biden’s AI Executive Order Have in the Workplace?
Well I think we all recognize that Artificial Intelligence (AI) has created some seismic shifts in the way things can be done, including in the workplace (and I covered many of the risks and concerns...
View ArticleIt’s Football (Unionizing) Season…
Well, my family’s favorite SEC team (Bama) is off to a discouraging start, so I am looking around for other entertainment – and the Dartmouth basketball team just came through with a pass at the...
View ArticleAre Employers Supposed to Protect Striking Employees?
As most of us know, Hollywood is striking (or more specifically, the members of the writers’ and actors’ unions). Some of you may have seen media reports, like this CNN article, about the unions filing...
View ArticleU-Turn! NLRB’s “Modified” Independent Contractor Standard Favors Findings of...
In a move that surprised absolutely no one, the National Labor Relations Board has reversed course on yet another issue – the standard for determining whether an individual is an employee, who is...
View ArticleSupreme Court Rules that Unions May Be Sued for Strike Damage to Employer...
In (rare) good news for unionized employers, the U.S. Supreme Court has held that the National Labor Relations Act (NLRA) does not insulate a union from tort claims that it intentionally destroyed...
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NLRB Delivers A “Holiday Gift” To Employers: New Union Election Timelines
NLRB Delivers A “Holiday Gift” To Employers: New Union Election Timelines On December 13, 2019, the National Labor Relations Board (NLRB) issued a final rule revising the Obama-era union election...
View ArticleAre College Athletes “Employees” Under Federal Labor Law? We Are About to...
A Regional Director of the National Labor Relations Board found merit to an unfair labor practice charge alleging that the University of Southern California (USC) misclassified football and basketball...
View ArticleThe NLRB’s Reinstatement of a Worker-Friendly Standard for Property Access
The National Labor Relations Board (“NLRB” or the “Board”) took significant steps to limit the power of property owners to restrict contractors’ workers access to their property in a 3-2 decision on...
View ArticleNLRB Reaffirms Safeguards for Questioning Employees in Preparation for NLRB...
On Thursday, the National Labor Relations Board (NLRB or the Board) reaffirmed its Johnnie’s Poultry standard for analyzing an employer’s questioning of employees in preparation for NLRB proceedings....
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