On May 30, 2023, the General Counsel (GC) of the National Labor Relations Board (NLRB) took a step toward the federal regulation of employee noncompetition agreements. The GC published a
Continue Reading NLRB Signals Challenge to Noncompete Agreements for Non-Supervisory Workers
On Feb. 21, the National Labor Relations Board (NLRB) ruled that severance agreements with broad – yet common – confidentiality and non-disparagement provisions are unlawful. Employers routinely include confidentiality and
Continue Reading NLRB Rules Broad – Yet Common – Confidentiality and Non-Disparagement Provisions in Severance Agreements Are UnlawfulThe current National Labor Relations Board (NLRB or Board) continues to take steps toward reversing union-friendly Obama-era NLRB rules and regulations. Previously, the Board sought public comment on whether it
Continue Reading National Labor Relations Board Kicks Off Rulemaking for Election Procedures
On May 21, 2018, in a 5-4 decision, the United States Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis, 584 U.S. ____ (2018), holding that
Continue Reading Supreme Court Holds That Employer Sponsored Arbitration Programs do not Violate National Labor Relations Act
On Feb. 26, 2018, the National Labor Relations Board (NLRB or Board) issued an order reinstating the Browning-Ferris standard for evaluating joint employer status, once again leaving franchisors open to
Continue Reading NLRB Returns to Browning-Ferris Test for Joint Employment
Just this month, the National Labor Relations Board (NLRB or the Board) successively overturned four decisions that adversely impacted employers and were made while President Obama was in office. The
Continue Reading NLRB Overturns 4 Decisions that Adversely Impacted Employers
Recently, the National Labor Relations Board made sweeping changes to its “joint employer” standard, announcing a new test that will surely lead to more findings of joint employment relationships under
Continue Reading NLRB Expands Joint Employer Standard in Browning-Ferris Decision
As we previously reported, on April 15, 2015, the National Labor Relations Board implemented new union election rules (Election Rules) that made sweeping changes to the Board’s proceedings for processing election petitions, holding hearings, and conducting secret-ballot elections. At the time the Election Rules took effect, legal challenges to the Election Rules were pending in the United States District Courts for the District of Columbia and the Western District of Texas.
Continue Reading Court Upholds NLRB’s ‘Quickie’ Election Rules
Written by Howard L. Mocerf
This week the National Labor Relations Board adopted new union election rules by a 3-2 vote. Characterized by dissenting Board members as “The Mount Everest
Continue Reading NLRB Adopts New Election Rules