Tag: Unfair Labor Practice (ULP)

NLRB’s New Joint-Employer Rule Takes Effect on Feb. 26th…What You Need To Know

The National Labor Relations Board (NLRB) adopted a new standard for evaluating joint employers that takes effect February 26, 2024. The rule greatly expands when two or more entities may be considered joint entities. As a result, certain employers will now be mandated to participate in collective bargaining and can be found liable for unfair […]

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 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 […]

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 […]

Back to the Salt Mines: Not a Veiled Antiunion Threat

President Joe Biden has made clear he intends to be “the most pro-union president you’ve ever seen.” The National Labor Relations Board’s (NLRB) recent initiatives under the direction of General Counsel (GC) Jennifer Abruzzo are definitely in line with the administration’s pro-union regulatory agenda. Abruzzo has recently targeted what employers may communicate regarding unionization. What […]


Gambling on independent contractor status? Stack the deck in your favor

by Gary S. Fealk Smart businesspeople are adept at finding ways to reduce their costs. However, cutting costs associated with employment by using independent contractors is a big risk unless you take great care to make sure you aren’t misclassifying employees as independent contractors.  What’s all the fuss about? Various government agencies have been increasingly […]

Should you settle that pesky NLRB charge?

by Frank Rox At the outset, it is worthwhile to take a look at the rather grim statistical picture. In fiscal year (FY) 2011, the National Labor Relations Board’s (NLRB) regional offices won 88 percent of unfair labor practice (ULP) and compliance cases decided by the Board and administrative law judges (ALJs). Of the ULP […]

Are employer codes of conduct meaningless in today’s NLRB climate?

by Michael J. Westcott Based on the National Labor Relations Board’s (NLRB) recent attack on employer codes of conduct, employers need to rethink their approach to communicating to employees the kinds of conduct that are prohibited and expected in the workplace.  Weapon of choice: NLRA Section 7 Many “old school” employers provide employees with work […]

OSHA and the NLRB gang up on employers

by Jeffrey A. Gruen The Occupational Safety and Health Administration (OSHA) will now refer all untimely retaliation claims to the National Labor Relations Board (NLRB) to determine whether an employer engaged in an unfair labor practice (ULP) under the National Labor Relations Act (NLRA).   Background On March 6, 2014, David Michaels, OSHA’s assistant secretary of […]