Labor Relations / Unions

NLRB moves to ban noncompetes, but options remain

07/17/2023

In a memo to the agency’s regional directors, NLRB General Counsel Jennifer Abruzzo announced her conclusion that including noncompete agreements in employment and severance agreements violates the National Labor Relations Act.

PRO Act passes Senate milestone, almost certain to die in House

06/26/2023

A major piece of pro-union legislation has advanced in the Senate. On June 21, the Senate Committee on Health, Education, Labor & Pensions marked up S. 567, the Richard L. Trumka Protecting the Right to Organize Act.

NLRB ruling: Weigh context when punishing employee for angry outbursts

06/21/2023

The National Labor Relations Act, which is administered by the National Labor Relations Board, protects employees’ right to form and join a labor union and engage in so-called concerted activities to improve working conditions. Recently, the NLRB ruled that occasional angry outbursts—even if offensive enough to potentially create a hostile environment under Title VII—are protected activity under the NLRA.

Supreme Court backs employers that suffer damages during union strikes

06/05/2023

In a near-unanimous 8-1 decision, the U.S. Supreme Court has signaled it won’t tolerate union misbehavior that damages employer property even when tensions run high.

Amazon delivery drivers in California are first to unionize

05/15/2023

Drivers who deliver Amazon packages in Southern California have voted to join the International Brotherhood of Teamsters union. The union contract will bring driver wages to $30 per hour by September.

NLRB: Employers can’t ban racial justice discussions in the workplace

05/12/2023

If your organization is trying to diversify its workforce with a diversity, equity and inclusion initiative and operates in multiple states, you know how hard it is to do the right thing. Some states welcome your efforts. Others block certain training programs or some theories from being taught. Now the National Labor Relations Board has entered the fray.

Court to Tesla: Anti-union meetings OK, Musk’s tweets are illegal threats

04/24/2023

A federal appeals court has weighed in on what management can do to dissuade employees from voting to unionize. It said holding meetings to explain why the employer opposes the union is fine. However, instituting a workplace rule that says employees can’t talk to the media illegally infringes on worker rights under the National Labor Relations Act.

Employees can tell it like it is (or isn’t)

04/06/2023

The National Labor Relations Board has issued a broad decision invalidating these non-disclosure and non-disparagement agreements when offered in conjunction with severance pay in a union setting. Even offering a severance package contingent on employees signing these agreements is out of bounds, according to the decision.

NLRB okays secret workplace recordings

04/03/2023

Here’s a new worry for employers, thanks to the National Labor Relations Board: Your employees may be secretly recording conversations you have with them for later playback even if you have robust “no recording” rules in place.

Case of the Week: Apply your dress and grooming policies consistently

03/24/2023

You probably have a policy that spells out your dress and grooming rules, which may limit certain employee clothing choices that might offend customers, clients or co-workers. But how you enforce that rule may mean the difference between winning quick dismissal of a discrimination lawsuit or a big jury award against your organization.