On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a new decision restricting the ability of private-sector employers to include non-disparagement and confidentiality provisions within severance agreements. The decision, McLaren Macomb and Local 40 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL–CIO, Case 07–CA–263041, reversed two Trump-era decisions that permitted
As the holiday season approaches, the National Labor Relations Board (“NLRB”) issued four pro-labor decisions of varying impact. One decision maintains the status quo; two decisions return to an Obama-era standard, and the fourth creates an entirely new remedy for unfair labor practice cases. Each case will be addressed in turn below.
Maintaining the Status
The year is 2015. An employee, employer, and local union enter into a last chance agreement that forbids the employee’s use of controlled substances. If the employee violates the agreement, he may be subject to immediate termination. Subsequently, the claimant begins using medical marijuana in compliance with the terms of the Palliative Use of Marijuana
On Friday, the Chairman and the General Counsel of the National Labor Relations Board authored a letter to Congress, informing lawmakers that without additional funds in the upcoming year, the NLRB will be forced to furlough employees amidst a budget crisis — even as the agency’s workload surges. The letter paints the issue in stark
On September 6, 2022, the U.S. National Labor Relations Board (the “Board”) said “Happy Labor Day” to employers with a proposal to revive the employee-friendly, Obama-era standard of joint employment under the National Labor Relations Act (the “NLRA”). Under the proposed standard, one company may be deemed a joint employer of a second company’s employees
On August 29, 2022, the National Labor Relations Board (“NLRB”) reversed Trump-era case law and significantly limited when employers may restrict union insignia on clothing in the workplace.
The case, Tesla, Inc. 370 NLRB No. 131 (2022), arose after Tesla prohibited employees at a manufacturing facility from wearing clothing bearing union insignia during a union
In our first episode, NLRB Update, Part 1: Latest Guidance from the General Counsel’s Office, host Gabe Jiran was joined by labor and employment lawyer Jarad Lucan for a discussion about the NLRB General Counsel’s initiatives for the next four years and what they may mean for employers.
In NLRB Update, Part 2: Significant
Join us once again for our annual public sector virtual seminar! On May 5th we will host a two-hour virtual program featuring a general session and four roundtable breakouts on timely legal topics of interest to public sector employers.
We invite you to register for our General Session and the Roundtable Breakout Session of
The National Labor Relations Board (“NLRB”) seems poised to make significant changes in current legal standards that will affect employers. In particular, the NLRB’s General Counsel has indicated that many decisions issued over the past several years will be revisited, including decisions related to employer policies, union access, and the scope of protected activity. To
As we detailed earlier this month, there has been a flurry of lawsuits challenging various federal vaccine mandates. Litigation around the country aims to challenge the validity of OSHA’s mandatory “vax or test” rule, the CMS mandate for healthcare workers, and the mandate for federal contractors.
The Biden administration’s high-profile vaccination mandate—which requires employees