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Earlier this month, the National Labor Relations Board (“NLRB”) issued its decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that not only are most non-disparagement and confidentiality clauses signed by employees covered by the National Labor Relations Act (“Act”) void as a matter of policy, but merely including one in a proposed severance agreement to an employee violates the Act. [read post]
Earlier this month, the National Labor Relations Board (“NLRB”) issued its decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that not only are most non-disparagement and confidentiality clauses signed by employees covered by the National Labor Relations Act (“Act”) void as a matter of policy, but merely including one in a proposed severance agreement to an employee violates the Act. [read post]
Approximately a month after the Board issued McLaren Macomb, 372 NLRB No. 58, which left employers scrambling to decipher its unclear impact on both unionized and non-unionized workplaces, Jennifer Abruzzo, the General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or “Board”) released guidance outlining her views on the decision’s implications and meaning in Memorandum GC… [read post]
23 Mar 2023, 12:46 pm by Joshua Fox and David Gobel
Cases involving the applicability of ABM Onsite Services-West, 367 NLRB No. 35(2018) (Board, after initially asserting jurisdiction and certifying the union as representative of the employer’s airport bag jammer technicians and dispatchers, reversed course and deferred to a National Mediation Board advisory decision in which NMB found Railway Labor Act jurisdiction under traditional six-factor carrier control test and overruled NMB cases requiring… [read post]
23 Mar 2023, 12:46 pm by Joshua Fox and David Gobel
Cases involving the applicability of ABM Onsite Services-West, 367 NLRB No. 35(2018) (Board, after initially asserting jurisdiction and certifying the union as representative of the employer’s airport bag jammer technicians and dispatchers, reversed course and deferred to a National Mediation Board advisory decision in which NMB found Railway Labor Act jurisdiction under traditional six-factor carrier control test and overruled NMB cases requiring… [read post]
23 Mar 2023, 12:46 pm by Joshua Fox and David Gobel
Cases involving the applicability of ABM Onsite Services-West, 367 NLRB No. 35(2018) (Board, after initially asserting jurisdiction and certifying the union as representative of the employer’s airport bag jammer technicians and dispatchers, reversed course and deferred to a National Mediation Board advisory decision in which NMB found Railway Labor Act jurisdiction under traditional six-factor carrier control test and overruled NMB cases requiring… [read post]
On March 22, 2023 Jennifer Abruzzo, General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or the “Board”) issued a memorandum intended to assist the Regions in responding to inquiries regarding the Board decision in McLaren Macomb, 372 NLRB No. 58 (2023). [read post]
23 Mar 2023, 4:47 am by Eric B. Meyer
Last month, I told about a National Labor Relations Board decision to ban certain nondisparagement and confidentiality provisions in a severance agreement that businesses give to rank-and-file employees (i.e., non-supervisors) in both union and non-union workplaces. [read post]
23 Mar 2023, 4:00 am by Katherine Witherspoon Fry, Esq.
In a surprising decision that reveals the National Labor Relations Board’s (NLRB) position on perceived threats to employees’ right to organize under the National Labor Relations Act (NLRA), the Board held in McLaren Macomb, 372 NLRB No. 58 (2023), that even if an employer (with a unionized or non-unionized workplace) merely offers a severance agreement containing broad confidentiality and… [read post]
22 Mar 2023, 5:20 am by Schwartzapfel Lawyers P.C.
It also resulted in the formation of the National Labor Relations Board (NLRB): an independent federal agency that now helps unions and employers negotiate between them. [read post]
On March 7, 2023, the Consumer Financial Protection Bureau (CFPB), the federal government agency charged with protecting consumers in the financial sector, and the National Labor Relations Board (NLRB), the federal government agency tasked with protecting private sector employees’ rights to engage in union organizing and other concerted activity, announced an information sharing agreement in order to better protect both consumers and workers. [read post]
  Being Real About Social Media and the NLRA If an employer institutes a policy prohibiting employees from featuring their workplace or work materials in TikToks and BeReals, the employer must be able to justify the policy under the latest National Labor Relations Board (NLRB) case law. [read post]
Recently, the National Labor Relations Board (NLRB) issued an important decision in which it ruled that employers who offer severance agreements to employees with broad non-disparagement or confidentiality provisions violate Section 8(a)(1) of the National Labor Relations Act (NLRA). [read post]
13 Mar 2023, 12:16 pm by Scott T. Allen
Last week, the National Labor Relations Board (NLRB) entered into an information sharing agreement with the Consumer Protection Financial Bureau (CFBP), intended to crack down on “employer-driven debt” as well as worker surveillance and selling of personal data. [read post]
12 Mar 2023, 2:14 pm by Thomas B. Griffith
  At first, the National Labor Relations Board (NLRB) agreed with the union that the discharge was motivated by anti-union discrimination, but after the D.C. [read post]
10 Mar 2023, 9:50 am by Maja Hartzell and Robert Horton
The National Labor Relations Board (NLRB) recently issued a decision radically changing how employers may use (or, more accurately, not use) nondisparagement and confidentiality clauses in severance agreements. [read post]
9 Mar 2023, 4:05 pm by Lawrence Solum
Yet courts and the National Labor Relations Board routinely grind down workers’ rights against this loose legal premise. [read post]
3 Mar 2023, 3:00 am by Jim Sedor
Marshall alleged Albritton and two other members of the board breached their duties by engaging in “self-dealing” or by failing to prevent it. [read post]
2 Mar 2023, 11:34 am by Maribeth Meluch
The National Labor Relations Board (the Board) has recently decided in McLaren Macomb and Local 40 RN Staff Council, that the mere proffer of a severance agreement without more, that contains provisions which on their face alone the Board could interpret to interfere with employees’ rights under Section 7 of the National Labor Relations Act, is an unlawful labor practice. [read post]
2 Mar 2023, 11:21 am by James W. Ward
On February 21, 2023, the National Labor Relations Board (NLRB) issued an important decision that may affect employers’ use of confidentiality and non-disparagement clauses in severance agreements. [read post]