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On February 21, 2024, in a decision that provoked strong dissent, the National Labor Relations Board (the “Board”) ruled in Home Depot USA, Inc. and Antonio Morales Jr. that Home Depot violated the National Labor Relations Act (“NLRA”) by prohibiting an employee from wearing a “BLM” (Black Lives Matter) marking on his work apron and […]
With March Madness in full swing, thousands of us will gather around to watch young, talented athletes battle for the coveted National Title. Many of us are drawn to college basketball because of what it represents: young, motivated students playing their hearts out in the hopes of having a career in the NBA. In the […]
The National Labor Relations Board (NLRB) has made a series of pro-employee moves over the past few months that have significant adverse implications for employers. To recap, the NRLB’s recent actions have included: A Closer Look at the Recent NRLB Actions In February 2023, the NLRB ruled that the National Labor Relations Act (NLRA) prohibits […]
On October 26, the National Labor Relations Board (NLRB) published its long-awaited final joint employer rule after initially publishing the revised rule for public comment in September 2022. The rule takes effect on December 26, 2023, and governs how the Board will determine whether two or more employers are considered joint employers under the National […]
The National Labor Relations Board’s (NLRB) new rule on joint employment puts more employers at risk of joint employer status, meaning they will bear more responsibility related to unionization, bargaining, and unfair labor practice charges. The Board’s new rule, issued October 26, replaces a rule issued in 2020 by the Trump administration’s Board. That rule […]
A recent decision by the National Labor Relations Board (NLRB) in McLaren Macomb has both union and non-union employers taking a second look at their severance agreements. In the case, the board decided an employer violated the National Labor Relations Act (NLRA) by offering furloughed employees severance agreements that contained confidentiality and nondisparagement provisions. What […]
National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo recently issued a memorandum (GC 21-08) declaring certain college athletes will be classified as employees, giving them the right to unionize and engage in other protected, concerted activity. Read on to learn how things might play out in the real world.
The National Labor Relations Board (NLRB) is pondering a gnawing question: When might the display of a 12-foot inflatable rat with blood-red eyes and jagged teeth violate the National Labor Relations Act (NLRA)?
The National Labor Relations Board’s (NLRB) request for input on protection for employees who engage in profane and offensive speech signals that it may be considering a change in the factors it considers when determining if an individual’s comments go beyond what’s protected by the National Labor Relations Act (NLRA).
A U.S. Supreme Court ruling supporting the legality of class action waivers in employment arbitration agreements is welcome news to employers hoping to avoid the costly, time-consuming threat class and collective actions can bring. And it represents an opportunity more employers are advised to explore.