Search for: "National Labor Relations Board"
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12 Apr 2023, 3:59 am
National Labor Relations Board and Consumer Financial Protection Bureau announce new partnership to address employer surveillance, monitoring, and data collection in the workplace Worker advocates call on OSHA to set standard on employee surveillance NLRB General Counsel may seek to invalidate non-compete clauses in employee severance agreements These are just a few of headlines I've recently read in which one federal agency or another is signaling an… [read post]
11 Apr 2023, 9:35 am
Recently, in Elon Musk’s “what not to do moments,” Part 3, I blogged about a series of tweets by Musk back in May 2018, that an administrative law judge of the National Labor Relations Board (NLRB) concluded had created an “unlawful threat” under the National Labor Relations Act (NLRA) because Tesla employees could reasonably have concluded from the tweets that Musk was threatening them with economic… [read post]
11 Apr 2023, 6:24 am
The National Labor Relations Board (“NLRB”) recently chimed in, holding in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 7 of the NLRA “when it proffers a severance agreement with provisions that would restrict employees’ exercise of their NLRA rights,” including agreements containing broad confidentiality and/or non-disparagement prohibitions. [read post]
10 Apr 2023, 5:16 am
Like many societies that emerged from the dissolution of the Soviet Union, Ukraine has faced enormous burdens related to corruption. [read post]
10 Apr 2023, 4:37 am
A recent decision of the National Labor Relations Board (the “Board”) concluded that standard nondisparagement and confidentiality provisions found in many employee severance agreements violate federal labor law because they have a reasonable tendency to interfere with and restrain employees’ prospective rights to engage in protected concerted activity, bargain collectively and form unions for their mutual aid and protection. [read post]
10 Apr 2023, 2:00 am
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. [read post]
7 Apr 2023, 10:43 am
On March 22, the National Labor Relations Board’s General Counsel (GC) issued a memorandum addressing many of the questions that employers were left asking themselves following the Board’s decision in McLaren Macomb, 372 NLRB No. 58 (2023). [read post]
7 Apr 2023, 7:48 am
Possibility of external dispute resolution/ADR: Regulators certify entities independent of platforms and users; FB’s Oversight Board is not independent. [read post]
6 Apr 2023, 12:32 pm
Fifth Circuit Court of Appeals (Fifth Circuit) upheld on appeal a decision issued by an administrative law judge of the National Labor Relations Board (NLRB) that a series of tweets by Musk back in May 2018, constituted an “unlawful threat” under the National Labor Relations Act (NLRA) because Tesla employees could reasonably have concluded from the tweets that Musk was threatening economic reprisals if those employees… [read post]
6 Apr 2023, 9:55 am
In any event, in some contexts national origin and racial discrimination are “so closely related . . . as to be indistinguishable. [read post]
5 Apr 2023, 12:25 pm
Yet courts and the National Labor Relations Board routinely grind down workers’ rights against this loose legal premise. [read post]
5 Apr 2023, 8:38 am
Class codes and payroll rates are usually determined according to the National Council on Compensation Insurance. [read post]
5 Apr 2023, 7:46 am
As featured in #WorkforceWednesday: This week, we examine how several recent pronouncements and actions by the National Labor Relations Board (NLRB) and its General Counsel’s office are creating new challenges for employers, both union and non-union. [read post]
4 Apr 2023, 1:25 pm
Even though supervisors may not be covered generally by the National Labor Relations Act, an employer can violate Section 7 if it (i) retaliates against a supervisor who refuses to proffer an unlawful severance agreement to an employee or (ii) is himself proffered a severance agreement containing restrictions such as participating in a Board proceeding. [read post]
4 Apr 2023, 7:59 am
As part of the Executive Order’s call for a “total government” attack on these and other identified anticompetitive practices, ordered DOJ, the Department of Labor, the Federal Trade Commission (“FTC”), the National Labor Relations Board (“NLRB”) and other agencies to take all action within their power to put an end to anticompetitive labor practices. [read post]
3 Apr 2023, 12:52 pm
Last month we wrote about a February 21, 2023, National Labor Relations Board (NLRB) decision, McLaren Macomb, which held that overly broad confidentiality and non-disparagement provisions in employee severance agreements violated Section 7 of the National Labor Relations Act (the “Act”). [read post]
3 Apr 2023, 12:31 pm
The National Labor Relations Board (NLRB) recently ruled that employers could no longer require employees to sign severance agreements with overly broad confidentiality and non-disparagement clauses. [read post]
3 Apr 2023, 10:53 am
The appeals court said the US National Labor Relations Board can enforce its order that requires Musk to delete the tweet. [read post]
3 Apr 2023, 10:16 am
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the National Labor Relations Act (“NLRA”) by (1) prohibiting employees from contacting the media in accordance with an overbroad confidentiality policy, and (2) its CEO, Elon Musk, tweeting the… [read post]
3 Apr 2023, 10:16 am
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the National Labor Relations Act (“NLRA”) by (1) prohibiting employees from contacting the media in accordance with an overbroad confidentiality policy, and (2) its CEO, Elon Musk, tweeting the… [read post]
