Labor Law - General

In this episode, Jen discusses the National Labor Relations Board’s new decision regarding the legality of confidentiality and non-disparagement provisions.

On February 23, 2023, an administrative law judge for the National Labor Relations Board (NLRB) ruled that a Catholic university in Florida is exempt from the Board’s jurisdiction as a religious institution. But the case tees up the test for the religious institution exemption to be overturned by th

The National Labor Relations Board has returned to its pre-2020 standard restricting certain confidentiality and non-disparagement clauses in departing employees’ severance agreements. McLaren Macomb , 372 NLRB No. 58 (2023).

More than 220,000 workers participated in over 300 total work stoppages in 2022, according to a Bloomberg Law report. The number of strikes is the highest recorded in 17 years. While the majority of work stoppages involved the retail industry, more than 100 strikes were attributed to coffee shops. T

In RAV Truck & Trailer Repairs, Inc. , 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for employers seeking to close shop, especially those operating in multiple locations.

Organizing and strike activity will continue its upward trajectory in 2023. Jackson Lewis principals Richard F. Vitarelli and Jonathan J. Spitz say macroeconomic factors (e.g., pay, staffing, health safety), a labor-leaning NLRB GC, and pro-union earmarks in government contracts are fueling the tren

The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc . , 372 NLRB No. 22 (Dec. 13, 2022).

In This Issue Latest GC Memos Again Favor Labor Recent NLRB Cases Highlight Precedent-Shifting Agenda Other NLRB Developments

Swinging the pendulum back to imposing a higher hurdle for employers seeking to include employees improperly excluded from a proposed bargaining unit, the National Labor Relations Board (NLRB) in American Steel , 372 NLRB 23 (2022), has returned to the “overwhelming community-of-interest” standard s

In a 3-2 decision, the National Labor Relations Board has reinstated its prior standard providing a more expansive right of off-duty contractor employees to access publicly accessible areas of the primary employer’s workplace for the purpose of engaging in organizing activity. Part of a wave of deci

In American Steel , the National Labor Relations Board expanded the scope of “make-whole” remedies available to workers who allege unfair labor practices. Employees may now recover far more than reinstatement or backpay; they may request that the Board hold an employer responsible for any “direct an

Fulfilling a top priority for National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo’s activist agenda, on December 13, 2022, the Board issued a decision that expands, arguably beyond statutory limits, the remedies recoverable by a successful charging party in unfair labor practic

President Joe Biden signed legislation imposing a collective bargaining agreement between freight carriers and railroad unions, avoiding a nationwide strike.

On November 4, 2022, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) seeking to rescind the “election protection” rule published on April 1, 2020, and to restore the prior protocols, including holding the processing of an election petition in abeyance if a

NLRB has proposed rescinding its 2020 election rule on blocking charges, voluntary recognition, and construction industry bargaining relationships. The proposed changes would reinstate election policies and procedures that, on balance, favor unionization. Comments on the proposal are due by January

The National Labor Relations Board modified its test for determining if COVID-19-related conditions warrant mail ballot union elections, potentially signaling a return to mostly in-person votes. Starbucks Corp. , 371 NLRB No. 154 (Sept. 29, 2022).

Over the last decade, and arguably accelerated by the pandemic, employers have increasingly relied on new technologies to monitor, manage, and hire employees. Some of these technologies include tracking devices, keyloggers, audio recording software, and automated decision-making tools.

NLRB General Counsel Memorandum urges Board to evaluate employer use of electronic management technologies. Proposed Board framework could render certain uses and applications of AI and other technologies unlawful under the NLRA. If the Board adopts the standard outlined in the GC Memorandum, the bu

Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace. The memo also directs NLRB Regions to submit to the Division of Advice any cases involving intrus

By: NLRB Reverses Position on Obligation of Employers to Continue Deducting Union Dues After Expiration of CBA History of Dues Checkoff Precedent In 1962, years before most working Americans were even born, the NLRB issued its decision in Bethlehem Steel . That decision held that dues checkoff claus