Key Takeaways from NLRB Decision Related to Displaying Black Lives Matter Symbol on Work Uniforms

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 […]

Time to Review Policies? The Impact of the NLRB’s Latest Pro-Employee Moves

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 […]


Joint Employer Joint Responsibility: NLRB Issues Final Joint Employer Rule

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 […]

NLRB’s Latest Rule Means Big Changes Ahead on Joint Employment Front

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 […]

It’s Time to Review Severance Agreements in Light of NLRB Ruling

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 […]

College Athletes Are Employees? Tide Players Wouldn’t Want to ‘Bargain’ with Coach Saban

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.


NLRB Seeks Opinions on How Far Protection for Foul Language at Work Should Go

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).