Employment Law in Motion
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NLRB General Counsel Issues Guidance on Severance Agreements for Union and Non-union Employers
On March 22, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued formal guidance in response to inquiries about applying McLaren Macomb, 372 NLRB No. 58 (February 21, 2023). McLaren Macomb, which was the subject of a pr...
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NLRB Targets Severance Agreements with Union and Non-Union Employees
The National Labor Relations Board (NLRB) has joined a growing pro-worker chorus taking aim at confidentiality (of the severance paid) and non-disparagement provisions in severance agreements, ruling that simply proposing such provisions violates fed...
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Are Work-Required Security Screenings on the Clock, Or Not?
A recent Oregon Supreme Court decision found that Oregon wage and hour laws mirror the federal Fair Labor Standards Act (FLSA) and do not provide employees with a greater right to compensation for time spent performing pre- or post-shift activities....
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NLRB Proposes New Rules to Promote Union Organizing
The National Labor Relations Board (NLRB) continues its efforts to rescind anti-union rules adopted by the Trump-era Board. In proposed rules published on November 4, 2022, the Biden-Board seeks to undo rules adopted in 2020 and return to the pre-202...
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NLRB Proposes New Rules Expanding Joint Employer Status
The ping pong game over who is a joint employer under the National Labor Relations Act (the "Act") continues. On September 6, 2022, the Biden-appointed majority controlling the National Labor Relations Board (the "Board") proposed a new rule
defining...
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The NLRB Reawakened: Part One—New Obstacles to Settlement of Unfair Labor Practices
This is the first in a series of blog posts discussing the recently issued memos that guide the National Labor Relations Board’s administration of the National Labor Relations Act (NLRA). Each post in the series will include our notable takeaways for...
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