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As we previously reported here, at the beginning of 2023, the Supreme Court heard oral argument on one of the most anticipated labor cases on the high court’s docket in decades to address whether the National Labor Relations Act (“NLRA” or the “Act”) preempts state court lawsuits for tort damages caused by unions during strikes. [read post]
., 372 NLRB No. 95 (2023), the National Labor Relations Board (“NLRB” or “Board”) overturned the existing legal standard for determining whether a worker is an employee or an independent contractor for purposes of the National Labor Relations Act (“NLRA”). [read post]
., 372 NLRB No. 95 (2023), the National Labor Relations Board (“NLRB” or “Board”) overturned the existing legal standard for determining whether a worker is an employee or an independent contractor for purposes of the National Labor Relations Act (“NLRA”). [read post]
On June 13, 2023, the National Labor Relations Board (the “Board” or “NLRB”) overturned another business-friendly Board decision in favor of a return to a more employee-favorable standard for determining if a worker is an employee or an independent contractor under the National Labor Relations Act (“NLRA”). [read post]
14 Jun 2023, 2:19 pm
The practical result of this decision is that many more workers are likely to be classified as employees, and therefore be permitted to join unions and be covered by NLRA protections. [read post]
14 Jun 2023, 11:57 am by Satya Marar
Jennifer Abruzzo, general counsel of the National Labor Relations Board (NLRB), recently issued a memo claiming that certain noncompete clauses in labor contracts are illegal, on grounds that they violate employees’ right to organize and negotiate better working conditions under Section 7 of the National Labor Relations Act (NLRA). [read post]
14 Jun 2023, 6:13 am by Conner Porterfield and Adam Santucci
The Union argued that because this was a labor dispute matter, the National Labor Relations Act (NLRA) preempted any state court claims. [read post]
14 Jun 2023, 5:13 am by Richard Reibstein Esq.
Circuit rejects the new NLRB test for IC status, Board decisions  only address the test for independent contractor status under one law – the National Labor Relations Act. [read post]
13 Jun 2023, 8:07 am by Erik W. Weibust
The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA). [read post]
On the heels of the National Labor Relations Board’s decision in McLaren Macomb, which invalidated most confidentiality and nondisparagement provisions in a variety of employment agreements (as we covered here and here), NLRB General Counsel Jennifer Abruzzo (the “GC”) issued GC Memorandum 23-08 on May 30, 2023, announcing that, in her view, the proffer, maintenance, and enforcement of non-compete provisions violate Section 8(a)(1) of the… [read post]
8 Jun 2023, 11:31 am by James W. Ward
As such, the union argued that the NLRA preempted Glacier’s state law claims, and the dispute should have ultimately been brought before the National Labor Relations Board (NLRB), not a court. [read post]
First, that this Court would overturn the doctrine of preemption as it relates to National Labor Relations Board (NLRB) jurisdiction. [read post]
5 Jun 2023, 1:41 pm by Cynthia Marcotte Stamer
The Department of Homeland Security (“DHS”), Department of Labor and other agencies also have modified various other requirements for VISAs, terms and conditions of employment, national origin and other discrimination, safety and other laws. [read post]
5 Jun 2023, 1:08 pm by Katelynn M. Williams
On May 30, 2023, the General Counsel of the National Labor Relations Board issued Memorandum GC-23-08 (“Memo”), in which she posits that the National Labor Relations Act (the “Act”) prohibits most non-compete clauses between employers and employees covered by the Act. [read post]
5 Jun 2023, 12:52 pm by Chris Riedel
By Chris Riedel A recent National Labor Relations Board decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. [read post]
5 Jun 2023, 12:33 pm by William B. Gould IV
The other concern from this case was that this Court would overturn the doctrine of preemption as it relates to National Labor Relations Board (NLRB) jurisdiction. [read post]
5 Jun 2023, 10:11 am by Alex Meier
First, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, issued a memorandum opining that certain non-compete agreements may violate the National Labor Relation Act by suppressing workers’ ability to engage in protected concerted activity. [read post]
Garmon preemption, as it’s called, is intended to preclude state interference with the National Labor Relations Board’s interpretation and enforcement of the NLRA. [read post]
Garmon preemption, as it’s called, is intended to preclude state interference with the National Labor Relations Board’s interpretation and enforcement of the NLRA. [read post]
The post The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums significantly changing how employers must draft separation agreements and opining on the enforceability of noncompetition agreements. [read post]