Under the administrative scheme established by the National Labor Relations Act (NLRA)– the federal law that governs the relationship between employers, employees, and labor unions – the discretion whether to issue an administrative complaint against an employer based on an unfair labor practice charge is held by the National Labor Relations Board’s (NLRB or Board) … Continue Reading
It’s been a little more than a week since Inauguration Day, but the seismic shifts of presidential change in Washington, D.C. continue, now extending to and impacting the National Labor Relations Board (NLRB or Board). On January 28, President Donald Trump shook up the NLRB with two major personnel decisions: one anticipated, the other unprecedented.… Continue Reading
The U.S. political landscape changed dramatically recently, in a way that will significantly impact labor law obligations for virtually all employers in the U.S. Republicans will control the White House and Congress come January, and Republican appointees will control the Supreme Court. By late January, Republican appointees will hold some of the key positions at … Continue Reading
We first reported in February 2023 on a surprising and alarming decision by the U.S. National Labor Relations Board (NLRB or “the Board”)—In re McLaren Macomb—which concluded that the mere proffer of a severance agreement with broad confidentiality and/or non-disparagement provisions could violate Section 7 of the National Labor Relations Act (NLRA), which protects the … Continue Reading
Over the course of just a few weeks, the National Labor Relations Board (NLRB or Board) continued its ongoing dismantling of long-standing precedent and rollback of Trump-era procedural rules. First, on July 26, 2024, the Board released the “Fair Choice – Employee Voice” Final Rule, reversing three amendments the Board made in April 2020 to … Continue Reading
In today’s divisive climate, political speech in the workplace is a topic of increasing relevance and complexity. While workplace discrimination based on race, gender, religion, age, or disability has long been prohibited, discrimination on the basis of an employee’s political affiliations or beliefs is a more nuanced, often overlooked challenge since it is not among … Continue Reading
