Overturning five decades of precedent, the National Labor Relations Board (NLRB or the Board) in Cemex Construction Materials Pacific (372 NLRB No. 130) adopted a new election standard
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NLRB Reverts to Heightened Legal Standard in Reviewing Employee Handbook Policies
In a trail of decisions turning back the clock to precedent under the Clinton-era Board, the National Labor Relations Board (NLRB) has reversed the standard of review for employee handbook
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NY Legislature Passes Legislation Banning Employer Use of Noncompete Agreements; NYC, FTC Actions Pending; NLRB General Counsel Memorandum
In New York state, both houses of the Legislature have passed S.3100A/A.1278-B, which would add a new section 191-d to the Labor Law prohibiting “non-compete agreements and certain restrictive covenants.”
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NLRB Signals Challenge to Noncompete Agreements for Non-Supervisory Workers
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
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NLRB Rules Broad – Yet Common – Confidentiality and Non-Disparagement Provisions in Severance Agreements Are Unlawful
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
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NLRB Proposes New Joint-Employer Standard
On Sept. 6, 2022, the National Labor Relations Board released a Notice of Proposed Rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. The Board
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You Are Invited: Labor Law Changes Ahead – Practical Considerations for Every Employer – May 18
Join us for Part II of our Traditional Labor webinar series, which will discuss potential changes to employee and employer rights under the National Labor Relations Act under the Biden
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National Labor Relations Board Kicks Off Rulemaking for Election Procedures
The 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
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Supreme Court Holds That Employer Sponsored Arbitration Programs do not Violate National Labor Relations Act
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
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Revisiting the Great Joint Employment Debate
Michael J. Slocum authored a New Jersey Law Journal article titled “Revisiting the Great Joint Employment Debate: From ‘Browning-Ferris’ to ‘Hy-Brand’ and Beyond.” The article discusses the joint employment doctrine
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