Potential NFL Running Back Union? Lessons To Be Learned from Derrick Henry And Other Top RBs As They Discuss Feeling Devalued In Their Positions

Recently, star Tennessee Titans Running Back, Derrick Henry, admitted to forming a group chat linking all of the top NFL running backs together to discuss long-held sentiments of feeling devalued in their positions as running backs in the League.  Henry formed the group chat after learning that 3 of his fellow running backs, Saquon Barkley, […]

Disciplining Employee Misconduct: A return to (Relative) Complexity

The decisions of the National Labor Relations Board (NLRB) have always been subject to change—sometimes shifting in a pro-employer direction, and sometimes prolabor—depending on the political composition of its members. Once again, the Board has shifted its position on an important topic: Just how far can an employer go when disciplining employees for misconduct—including hostile, […]


NLRB Extends NLRA Protection to Discussions of Race in the Workplace

The National Labor Relations Board (NLRB) Office of the General Counsel publicly issued on February 27, 2023 an Advice Memorandum confirming the agency’s view that workplace discussions about racism are protected concerted activity under Section 7 of the National Labor Relations Act (NLRA). The memo is significant in that it demonstrates that the current NLRB considers retaliation […]

NLRB Extends Joint Employment Comment Period Rule to December 7

The National Labor Relations Board (NLRB) has extended the comment period on its proposed rule that aims to make more employers susceptible to joint employment status. The original comment period was to go through November 7, but the NLRB announced on October 14 that it will accept comments through December 7. Comments replying to the […]

NLRB’s Joint Employment Plan Seen Having ‘Profound Impact’ On Employers

A plan from the National Labor Relations Board (NLRB) to make more employers susceptible to joint employer status is expected to make a major change to the landscape for employers that use staffing companies or operate under the franchise business model. The NLRB announced a Notice of Proposed Rulemaking on September 6 that shows a […]

NLRB Announces Plans for Rules on Joint Employment, Union Election Procedures

Employers should be on the lookout for new rules from the National Labor Relations Board (NLRB) related to the definition of joint employment as well as amendments to the Board’s rules on union election procedures made in April 2020. Joint Employment In its announcement of rulemaking priorities on June 21, the NLRB said it plans […]

Call For End to Captive Audience Meetings Signals More Change Ahead At NLRB

A memorandum sent to National Labor Relations Board (NLRB) field offices calling for an end to mandatory meetings in which employees must listen to an employer’s side during a union campaign points to more union-friendly actions to come, according to attorneys who advise employers on labor matters. The NLRB on April 7 announced the memorandum in which […]

NLRB Landscape Shifting (Again) for Nonsolicitation, Other Workplace Policies

It should come as no surprise that President Joe Biden’s appointment of Jennifer Abruzzo as General Counsel (GC) of the National Labor Relations Board (NLRB) would effectively shift the NLRB to a pro-union majority. Ever since the new Board took control, we’ve advised employers to brace for widespread rollbacks of gains they saw in the […]


New Biden Nominee Is First Step Toward Democrats Gaining NLRB Majority

President Joe Biden’s nomination of Gwynne A. Wilcox for the vacant seat on the National Labor Relations Board (NLRB) will add a second Democrat to the Board provided the New York attorney who represents union interests is confirmed by the Senate. Even if confirmed, though, the Board will continue to have a Republican majority for […]