Employment Law in Motion
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New NLRB Rule Significantly Broadens Joint Employer Definition
In yet another significant reversal, the National Labor Relations Board (NLRB) enacted a critical change in how it interprets the National Labor Relations Act (NLRA). On October 26, 2023, the NLRB released its final rule regarding the standard for de...
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NLRB Stericycle Decision Adopts Stringent New Standard Limiting Employer Workplace Rules That May Restrict Employee Concerted Activity
On August 2, 2023, in Stericycle, Inc., the National Labor Relations Board (NLRB) adopted a new legal standard for employer work rules that may have the effect of restricting employees' protected concerted activity. Employers will recall that Section...
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NLRB Acts Swiftly to Apply New Standards on Union Elections and Bargaining Obligations
As expected, the National Labor Relations Board (NLRB) is swiftly implementing its new standards governing union elections and bargaining orders under the groundbreaking Cemex decision. We discussed Cemex and the new standards in our blog post on Sep...
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U.S. Supreme Court Holds Union Can Be Sued for Strike Designed to Cause Damage to Employer’s Property
In Glacier Northwest, Inc. v. Teamsters, with an 8-1 decision, the U.S. Supreme Court recently clarified that a union’s conduct during a strike that intentionally (or at least unreasonably and foreseeably) causes financial or property harm to the emp...
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New Memorandum Targets Union and Non-union Employers’ Noncompetition Agreements
The General Counsel (GC) for the National Labor Relations Board, Jennifer Abruzzo, continues the Board’s crusade against noncompetition agreements in Memorandum GC 23-08 (May 30, 2023). The GC serves as the Board’s lead prosecutor and directs the reg...
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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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