By: Nicholas Golding, and Jackson Treadway, Mark McAnulty On May 30, 2023,  Jennifer Abruzzo, General Counsel of the National Labor Relations Board (NLRB), published a memorandum outlining her view that most noncompete provisions in employment and severance agreements violate the National Labor Relations Act (NLRA).  Abruzzo’s memorandum marks the second time in recent months that...Read More

On September 14, the National Labor Relations Board (“Board”) issued a proposed new joint-employer rule. The proposed rule walks back the expanded scope of the Obama-era Board’s 2015 Browning-Ferris decision, which held that an employer’s potential or indirect control over a separate employer’s employees could establish joint-employer status. The Browning-Ferris decision ignored decades of Board...Read More

On December 1, 2017, the National Labor Relations Board’s (“NLRB” or “Board”) new General Counsel, Peter B. Robb, issued his first G.C. Memorandum forecasting the direction of the NLRB in 2018 and beyond.  Therein, the General Counsel rescinded several Obama-era memoranda and signaled the NLRB’s willingness to reexamine, among other things, the standards the NLRB...Read More

In a much anticipated decision issued on August 27, 2015, the National Labor Relations Board (“NLRB” or “the Board”) set forth its new and much more inclusive test for determining joint employer status (BFI Newby Island Recyclery, 362 NLRB No. 186). As a result, many employers may find themselves in an employment relationship for National Labor...Read More

In a surprise decision, the National Labor Relations Board (“NLRB” or “Board”) has declined to assert jurisdiction over the representation petition filed by the Northwestern University football players. This means that the petition will be dismissed without the Board making a decision on whether or not the scholarship athletes are statutory “employees.” In March of...Read More

The National Labor Relations Board (“the Board”) continued its trend of broadening National Labor Relations Act (“the Act”) Section 7 protection for employees using social media in the recently decided Triple Play Sports Bar and Grille case. In that case, one former employee of the bar posted a “status update” on her Facebook page complaining...Read More

[vc_row][vc_column][vc_column_text]The National Labor Relations Board’s deadline to submit briefs in Purple Communications, Inc. is June 16, 2014, signaling the Board’s decision on whether employers must permit employees to use workplace email for purposes of union organization may not be far away. In Register Guard, a decision issued under the Bush administration in 2007, the Board...Read More

For the first time in a decade, the National Labor Relations Board (NLRB) has a fully-confirmed five-member board.  On July 30, the United States Senate confirmed all five of President Obama’s nominees. Prior to that vote, the NLRB had been operating with only three members, two of which were “recess appointments.” Because of the manner...Read More