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Tag: NLRA


Business Law & Regulations, Employment & Labor

The Fight Continues for Employee Status – Dartmouth Men’s Basketball Players Are Employees Under the NLRA

February 13, 2024

Via: JD Supra

In September 2023, the Service Employees International Union Local 560 (SEIU) filed a petition for a representation election with Region 1 for a bargaining unit consisting of 15 Dartmouth College men’s basketball players. The SEIU petition is the first to […]


Business Law & Regulations, Employment & Labor

Labor Board (Again) Returns to Broader Rule for Determining Joint-Employer Status

January 22, 2024

Via: National Law Review

The National Labor Relations Board once again issued a new Final Rule for determining joint-employer status under the National Labor Relations Act. The joint-employer analysis has significant implications for employers, as it determines when one entity can be held liable […]


Business Law & Regulations, Employment & Labor

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

November 14, 2023

Via: JD Supra

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 memo is truly two memos in one: one […]


Business Law & Regulations, Employment & Labor

NLRB’s New Rule Sings “Come Together, Right Now”

November 7, 2023

Via: JD Supra

On October 26, 2023, the National Labor Relations Board (NLRB or the “Board”) issued its long-awaited final rule (the “New Rule”) addressing the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The new rule is effective […]


Business Law & Regulations, Employment & Labor

NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees

September 7, 2023

Via: JD Supra

On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor Relations Act (NLRA) to include […]


Business Law & Regulations, Employment & Labor

NLRB Revises Test for Evaluating Workplace Policies

August 9, 2023

Via: JD Supra

On August 2, 2023, in Stericycle, Inc. (Stericycle), the National Labor Relations Board (the Board) revised the test for determining whether an employer’s workplace policies comply with the National Labor Relations Act (the NLRA). Stericycle reverses the Board’s 2017 decision […]


Business Law & Regulations, Employment & Labor

Supreme Court FCA Decision and NLRB GC Memo on Non-Competes

June 9, 2023

Via: JD Supra

Two important decisions, one by the United States Supreme Court and one by the General Counsel for the National Labor Relations Board (“NLRB”), were issued this week and may be of interest to government contractors and employers. The United States […]


Business Law & Regulations, Employment & Labor

NLRB General Counsel Opines Noncompete Agreements May Violate the National Labor Relations Act

June 7, 2023

Via: JD Supra

The National Labor Relations Board (NLRB or the Board) General Counsel Jennifer A. Abruzzo issued a memorandum on May 30, 2023, opining that noncompete agreements contained in employment agreements and severance agreements violate the National Labor Relations Act (NLRA) except […]


Business Law & Regulations, Employment & Labor

Forensic Review During Investigations: Have You Considered The NLRA?

April 25, 2023

Via: LexBlog

NLRB General Counsel Jennifer Abruzzo is pressing for stricter enforcement against the use of workplace technologies to monitor employees. As a result, employers should consider the National Labor Relations Act (the “Act”) when conducting forensic reviews of employee emails and […]


Business Law & Regulations, Employment & Labor

NLRB Says Workplace Discussions of Racism Are Protected Activity

March 21, 2023

Via: SHRM

The National Labor Relations Board (NLRB) recently confirmed that employers cannot discipline or fire workers for publicly raising concerns about racism in the workplace. In a Feb. 27 memo, the board concluded that a medical school professor’s discussions of racism […]


Business Law & Regulations, Employment & Labor

Top Five Labor Law Developments for February 2023

March 8, 2023

Via: JD Supra

1.The National Labor Relations Board reinstated its previous standard for restricting employee severance agreements. McLaren Macomb, 372 NLRB No. 58 (2023). The Board’s ruling applies to all severance agreements for employees covered by the National Labor Relations Act (NLRA) and […]


Business Law & Regulations, Employment & Labor

NLRB Deals Another Blow to Employers

February 24, 2023

Via: JD Supra

On January 5, 2023, the FTC proposed a rule banning, with limited exceptions, the use of non-compete clauses in employment contracts. Six weeks later, the National Labor Relations Board (the “Board”) issued a decision further limiting employers’ toolboxes by restricting […]


Business Law & Regulations, Employment & Labor

Case Clarifies When Employees Can Strike

January 11, 2023

Via: SHRM

The U.S. Supreme Court heard oral arguments on Jan. 10 for a case that could shed light on when workers can strike. The National Labor Relations Act (NLRA) gives workers the right to strike, but those protections don’t apply if […]


Business Law & Regulations, Employment & Labor

NLRB Issues Proposed Rule on Who Is a Joint Employer

September 6, 2022

Via: SHRM

The National Labor Relations Board (NLRB) on Sept. 6 issued a notice of proposed rulemaking on the standard for who is a joint employer under the National Labor Relations Act (NLRA). The NLRB recommends replacing the proposed rule that took […]


Business Law & Regulations, Workplace Safety & Health

Some Employee Chatter About Abortion Decision May Be Protected

July 12, 2022

Via: SHRM

Employee reaction to the U.S. Supreme Court’s recent decision on state abortion restrictions is sharply divided. Employers should keep in mind that some employee speech on the decision might be protected by the National Labor Relations Act (NLRA). This protected […]


Business Law & Regulations, Employment & Labor

Third Circuit decides employer’s tweet was comedic, not coercive

July 11, 2022

Via: LexBlog

The United States Court of Appeals for the Third Circuit recently issued an opinion that reversed a decision by the National Labor Relations Board about whether a comment by a management representative was a threat to workers or a mere […]


Business Law & Regulations, Employment & Labor

Top Five Labor Law Developments for April 2022

May 9, 2022

Via: National Law Review

The National Labor Relations Board (NLRB) General Counsel (GC) filed a brief seeking to expand unions’ right to obtain recognition from employers based on signed authorization cards alone, without the need for a Board election. In a brief filed on […]


Business Law & Regulations, Employment & Labor

NLRB General Counsel Takes Aim at Employer Meetings on NLRA Activity, Including Union Election Campaigns

April 12, 2022

Via: JD Supra

For almost 75 years, the National Labor Relations Board (NLRB) has permitted employers to hold mandatory meetings during working time in which employers explain their position on unionization. Such meetings often occurred in the days and weeks prior to an […]


Business Law & Regulations, Employment & Labor

Top Five Labor Law Developments for September 2021

October 11, 2021

Via: National Law Review

Office of General Counsel Memorandum GC 21-06, Seeking Full Remedies (issued Sept. 8, 2021). In a memorandum issued to NLRB field offices, Abruzzo directed staff to seek a variety of new remedies in ULP cases. Currently, monetary remedies for violations […]


Business Law & Regulations, Employment & Labor

Discipline of Employee for Mass Union E-Mails to Co-Workers Violated NLRA

October 5, 2021

Via: SHRM

The discipline of a T-Mobile call-center employee for sending e-mails to co-workers encouraging them to support the Communications Workers of America (CWA) violated the National Labor Relations Act (NLRA), the U.S. Court of Appeals for the District of Columbia Circuit […]