NLRB Returns to More Lenient Standard for Employees’ Abusive and Profane Misconduct
May 5, 2023
The National Labor Relations Board announced a return to the pre-2020 “setting-specific” standard in cases where employees are disciplined for misconduct occurring during the course of activity protected by the National Labor Relations Act.
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NLRB Limits Employers' Authority to Discipline During Workplace Activism and Union-Related Activities
May 1, 2023
On May 1, 2023, the National Labor Relations Board issued a decision in the case of Lion Elastomers that restores legal protection for workers who engage in profane speech or conduct in the context of workplace activism and union-related activity.
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NLRB General Counsel Clarifies Enforcement Posture on Unlawful Separation Agreement Provisions
March 28, 2023
On March 22, 2023, the National Labor Review Board issued a General Counsel Memorandum (GC Memo 23-05) providing additional guidance on the NLRB’s recent ruling in McLaren Macomb, 372 NLRB No. 58, which held that inclusion of overly broad non-disparagement and confidentiality clauses in severance agreements are unlawful under the National Labor Relations Act.
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NLRB General Counsel Provides Clarification on Severance Agreement Non-Disparagement and Confidentiality Provisions
March 22, 2023
The NLRB recently asserted that severance agreements may not contain general non-disparagement or confidentiality/non-disclosure clauses, based on its premise that such clauses violate the rights of employees under Section 7 of the NLRA to engage in concerted activity for their mutual aid or protection (i.e. “protected concerted activity”).
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Say What? NLRB Rules Employees May Tape Record Others in Violation of State Law
March 10, 2023
A recent NLRB ruling against Starbucks concluded that, “State law be damned,” employees may lawfully commit an act unlawful under the law of their State if they do so for reasons they claim to be protected concerted activity (PCA) under the NLRA.
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Severance, NLRB, and Employers
March 9, 2023
What does the recent McLaren Macomb ruling mean for Severance Agreements going forward?
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The NLRB Restricts Employer Rights Again: Finding Typical Separation Agreement Terms Unlawful and Protecting Employees Who Make Secret Recordings
February 27, 2023
The National Labor Relations Board recently issued two important decisions, one finding unlawful non-disparagement and confidentiality provisions typically found in separation agreements, and the other protecting employees who make secret recordings at work.
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Employers Must Excercise Care in Drafting Severance Agreements in Light of Recent Labor Board Decisions
February 22, 2023
The National Labor Relations Board (NLRB) issued a landmark decision on February 21st affecting the validity of various provisions typically found in employee severance agreements.
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NLRB Top Lawyer Announces Intent to Protect Employees From “Intrusive or Abusive” Electronic Monitoring
January 6, 2023
 The rise of remote work during the COVID-19 pandemic has made certain technologies, such as automated management systems and other electronic surveillance, even more attractive to employers seeking to maintain efficient business operations and manage remote workers.
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Are College Athletes “Employees” Under Federal Labor Law? We Are About to Find Out…
December 28, 2022
A Regional Director of the NLRB found merit to an unfair labor practice charge alleging that the University of Southern California misclassified football and basketball players as student-athletes rather than employees and maintained unlawful work rules.
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NLRB’s Holiday Gifts to Unions
December 20, 2022
Tis the season for giving, which the NLRB has embraced in a most generous manner to unions. Last week, the NLRB either decided or announced as a matter of policy.
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The NLRB’s Reinstatement of a Worker-Friendly Standard for Property Access
December 20, 2022
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 Friday.
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Tweets Follow

May 31

(Not Terribly Useful) Guidance from the DOL on the FMLA and Holidays

May 30

EEOC Updates COVID-Related Guidance For Employers As The Feds Declare An End To The Public Health Emergency

May 26

The EEOC Targets the Use of AI in Employment Decisions