Drafter Beware: NLRB Finds That Employers Who Offer Severance Agreements With...
The National Labor Relations Board (“Board”) issued a ruling on February 21, 2023, in McLaren Macomb, 372 NLRB No. 58 (2023), which in effect finds broad confidentiality and non-disparagement clauses...
View ArticleNLRB Announces New Information-Sharing Partnership to Identify Employer...
On March 7, 2023, the National Labor Relations Board (“NLRB”) and Consumer Financial Protection Bureau (“CFPB”) announced that the two agencies have signed a Memorandum of Understanding (“MOU”)...
View ArticleBoard Rescinds Four Provisions to 2019 Election Rule Following Federal...
Thursday, the NLRB issued a notice to rescind four provisions from the Board’s Rules and Regulations contained in its Final Rule published in December 2019 (the “2019 rule”). The Board’s notice...
View ArticleGC Update: Abruzzo Issues New Memorandum Outlining Her Objectives
On March 20, 2023, NLRB General Counsel Jennifer Abruzzo released a new Memorandum, updating all Regional Directors, Officers-in-Charge and Resident Officers regarding which issues must be submitted to...
View ArticleUPDATE: NLRB GC Abruzzo Makes Clear All Non-Disparagement and Confidentiality...
Earlier this month, the National Labor Relations Board (“NLRB”) issued its decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that not only are most non-disparagement and confidentiality...
View ArticleUPDATE: Fifth Circuit Affirms NLRB Ruling In Tesla Case, Ordering Elon Musk...
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla...
View ArticleNLRB Flips (Again), Reinstates Context-Specific Standards For Employee...
On Monday, the National Labor Relations Board (“Board”) issued a decision making it riskier and more complicated for employers to discipline employees for abusive workplace conduct alleged to have...
View ArticleUPDATE: NLRB Regional Director Issues Complaint Against USC, Pac-12, and the...
On May 18, 2023, Region 31 of the National Labor Relations Board (“Board”) issued an unfair labor-practice complaint against USC, the PAC-12, and the NCAA for allegedly misclassifying college athletes...
View ArticleNo Limits: Non-Compete Agreements Next Up on NLRB General Counsel Chopping Block
Following the National Labor Relations Board’s (“NLRB”) highly-controversial decision in McLaren Macomb declaring most confidentiality and non-disparagement clauses in separation agreements to be...
View ArticleThird Act: NLRB Reinstates Employee-Friendly Independent Contractor Analysis...
In a hotly-anticipated decision, The Atlanta Opera, Inc., 372 NLRB No. 95 (2023), the National Labor Relations Board (“NLRB” or “Board”) overturned the existing legal standard for determining whether a...
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