Tag: National Labor Relations act (NLRA)

Shot Through the Heart: Did SCOTUS Give Strikes a Bad Name?

On June 1, 2023, the U.S. Supreme Court issued a decision some have deemed a blow to the right to strike. The 8-1 decision crossed ideological lines, as both conservative and liberal members of the Court either joined the majority opinion or concurred. Strike In August 2017, the collective bargaining agreement between cement manufacturer Glacier […]

Employers Beware: NLRB Instructs on Harsh Penalties for Repeat Offenders

In its recently decided 2-1 decision, the National Labor Relations Board (NLRB) discussed additional remedies it may now consider in cases involving employers that have engaged in what the Board considers repeated or obvious disregard for employees’ rights under the National Labor Relations Act (NLRA). The decision is consistent with NLRB General Counsel Jennifer Abruzzo’s […]

NLRB Narrows Permissible Terms in Severance Agreements

A recent National Labor Relations Board (NLRB) ruling determined that including certain nondisparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (NLRA). Facts McLaren Macomb Hospital permanently furloughed 11 employees and contemporaneously presented them each with a “Severance Agreement, Waiver and Release.” The agreement contained provisions that broadly prohibited them from […]

Nationwide Right to Unionize Act Reintroduced

On September 8, 2022, federal Congressional legislators from Massachusetts and California reintroduced the Nationwide Right to Unionize Act, which takes aim at state “right to work” laws and attempts to increase employees’ right to unionize. Section 14(b) of the National Labor Relations Act (NLRA) prohibits compulsory union membership and payment of union dues and fees […]

NLRB Relaxes Standard for Union Insignias in Workplace

On August 29, 2022, the National Labor Relations Board (NLRB) issued a major decision that reversed a standard it set in 2019. Previously, employers enjoyed substantial discretion to limit alterations to work uniforms or other designated clothing in the workplace.

Student Athletes Sue to Be Classified as ‘Employees’

Since last year’s monumental Supreme Court decision in Alston curtailing the National Collegiate Athletic Association’s (NCAA) ability to limit student athlete compensation, the landscape continues to shift in unprecedented ways. In September 2021, the National Labor Relations Board (NLRB) announced its position that certain student athletes at private institutions should be considered employees for purposes […]

Steps to Take Before Installing Video Surveillance at Work

Question:         We plan to install security cameras in the production area of our nonunion food packaging facility because of an increase in damaged product and safety incidents. Can we post signs at all entrances stating surveillance cameras are in use, or do we need to have each employee sign a waiver? Answer:   Generally, you may monitor […]

My Work Rule Is Legal Today, But What About Tomorrow?

Whenever the White House switches from one party to the other, there are risks because new appointments to the National Labor Relations Board (NLRB) mean changes will occur in how it interprets and enforces the National Labor Relations Act (Act). Based on a recently issued notice and invitation to file briefs, all signs indicate we’ll […]