On September 23, 2026, the National Labor Relations Board (NLRB or Board) delivered welcome news to employers when it clarified the controlling framework for deciding whether an employee’s abusive conduct loses the protection of the National Labor Relations Act (NLRA). Specifically, in Lion Elastomers LLC, 375 NLRB No. 41 (2026) (Lion Elastomers III), the NLRB, … Continue Reading
Effective performance management is not only a business necessity, but also one of the most important tools for reducing employment litigation risk. Few workplace decisions create more potential legal exposure than disciplining or terminating an employee for subjective performance-related reasons. In many cases, a lawsuit is not driven solely by the termination itself, but by … Continue Reading
Soon it will be easier for California employees to establish a prima facie claim of retaliation in violation of California law. On October 8, 2023, Governor Gavin Newsom signed Senate Bill No. 497 into law. Also referred to as the Equal Pay and Anti-Retaliation Protection Act, the legislation amends California Labor Code Sections 98.6, 1102.5 and … Continue Reading
The National Labor Relations Board continues to clarify and update employers’ obligations in key areas. As discussed below, one recent decision clarifies when employers may enter into arbitration agreements that require employees to keep the proceedings confidential. Another recent decision rescinded a rule issued by the Obama-era NLRB and clarified, for employers who are negotiating … Continue Reading
