On Monday, February 5, 2024, the Region 1 Regional Director of the National Labor Relations Board (“NLRB”) issued a Decision and Direction of Election that permits the Dartmouth College men’s basketball team to proceed forward with a union election. 

The National Labor Relations Act (“NLRA”) grants expansive rights to employees of most private sector

We begin Season 2 of From Lawyer to Employer with a discussion about the recent Stericycle Decision from the National Labor Relations Board. Listen as guest speaker, Sarah Niemiroski chats with host, Daniel Schwartz about the the far-reaching impacts this decision has for employers when creating workplace policies. What’s different about Stericycle as opposed to Boeing? What type

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued a 3-2 decision, Stericycle, Inc., that adopted a new legal standard for evaluating employers’ workplace policies and rules. Under the new standard, an employer’s workplace policy may violate employees’ rights under the National Labor Relations Act (“NLRA”) if its policies have a “reasonable

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