Labor Law - General

Consistent with other changes instituted by the National Labor Relations Board (NLRB) since President Joseph R. Biden took office, this past week, the Board reverted to the pre-Trump-era FedEx Home Delivery, 361 NLRB 610 (2014) (FedEx II), standard for determining whether a worker is an employee or

On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis that could lead to more workers being found to have been improperly classifi

The NLRB has reinstated a multi-factor, common-law agency test for determining whether workers are employees or independent contractors for NLRA purposes, with no single factor being decisive. The practical result of this decision is that many more workers are likely to be classified as employees, a

Executive Summary : The National Labor Relations Board’s (NLRB’s) recent decision in Atlanta Opera , Case 10– RC–276292 (June 13, 2023), revises the standard the Board will use to determine whether workers are employees or independent contractors under the National Labor Relations Act (NLRA). In Atl

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor . This issue provides an overview of a host of controversial decisions and sharply divided opinions issued by the National Labor Relations Board

The National Labor Relations Board’s General Counsel (GC), Jennifer Abruzzo, issued a memorandum asserting that non-compete agreements violate the National Labor Relations Act. GC Memorandum 23-08 .

Executive Summary: The National Labor Relations Board’s (NLRB’s) recent unfair labor practice (ULP) complaint against the University of Southern California (USC), the National Collegiate Athletic Association (NCAA), and the Pac-12 Conference (Pac-12) sets the case for collegiate athletes to unionize

The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II , 372 NLRB No. 83 (May 1, 2023). The Board overruled General Motors , 369 NLRB No. 127 (2020) and reverted

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 texts during internal

The National Labor Relations Board will release its new joint-employer rule in August. In September 2022, the Board issued its proposed rule for determining joint-employer status under the National Labor Relations Act under which entities are deemed joint employers if they “share or codetermine thos

On April 7, 2023, the National Labor Relations Board (NLRB) released its filing data through the first half of its fiscal year (FY) 2023 (October 1–March 31). Through the first six months of the fiscal year, filing activity continued to build on record increases that developed in FY 2022.

On March 22, 2023, National Labor Relations Board (NLRB or Board) General Counsel Jennifer A. Abruzzo issued a memorandum to all NLRB Field Offices on the implications of the Board’s February 21, 2023, decision in McLaren Macomb , 372 NLRB No. 58 (2023). In McLaren Macomb , the Board found an employ

On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision affecting all employers who offer separation agreements to outgoing employees – regardless of whether their workforce is unionized.

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law.

NLRB GC memorandum opines on scope of McLaren Macomb decision, in which the Board overturned two decisions that had permitted employers to include confidentiality and nondisparagement provisions in severance agreements.

My March 7, 2023, blog addresses the National Labor Relations Board’s recent fascination with confidentiality, non-disclosure, and non-disparagement provisions in separation agreements.

Executive Summary: As discussed in our February 23, 2023 Legal Alert , the National Labor Relations Board (NLRB or Board) recently held in McLaren Macomb , 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) by merely proffering severance agreements

On March 22, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memorandum clarifying the Board’s February 2023 decision that nondisparagement and confidentiality provisions in severance agreements are unlawful. In the memorandum, the GC states that she interp

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor . This issue provides an overview of a host of controversial decisions and sharply divided opinions issued by the National Labor Relations Board

In This Issue As Member Ring Departs, Precedent-Reversing Continues Board Restricts Use of Common Severance Agreement Clauses SCOTUS Ponders Preemption, Strikers’ Property Destruction Other NLRB Developments