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Showing 28 posts in National Labor Relations Act (NLRA).
New NLRB Memo Says Non-Compete Agreements Violate NLRA
Following the Federal Trade Commission’s (FTC) January proposal to ban non-compete agreements, the National Labor Relations Board (NLRB) has issued a memo stating that non-compete agreements, except in very specific circumstances, violate the National Labor Relations Act. Any employer who uses non-compete agreements, or other agreements that functionally serve as non-competes, should be bracing for impact. More >
NLRB GC Seeks to End Captive Audience Meetings
In yet another bid to weaken employers’ stance in the face of organized labor, NLRB General Counsel Jennifer Abruzzo has issued a memo calling for an end to employer-led “captive audience” meetings. This move by the NLRB threatens one of employers’ key tools for curbing unionization in the workplace and is yet another foreboding sign of the Biden administration’s pro-labor agenda. More >
Amazon Workers Vote to Unionize, Paving Way for New Labor Woes for Employers
For the first time in the U.S., an Amazon facility’s workers have voted to unionize. The workers at the Staten Island warehouse “JFK8” voted 2,654-2,131 to be represented by the Amazon Labor Union (ALU). After years of unsuccessful organizing attempts across the country, this breakthrough victory portends a growing labor movement, and employers should be ready for what it may bring. More >
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Abusive or Offensive Language? NLRB Says “@#$% No” to Section 7 Protection
On July 21, 2020, the National Labor Relations Board (“NLRB”) issued an important decision in General Motors, LLC and Charles Robinson, modifying the standard to be used in determining whether an employee has been unlawfully disciplined or discharged for abusive or offensive statements or conduct while engaged in protected concerted activity under Section 7 of the National Labor Relations Act (“NLRA”). This decision is intended to provide needed clarity and give employers more leeway in disciplining employees for egregious misconduct and upholding existing anti-discrimination laws and policies. More >
NLRB: A Sole Employee Filing a Class Action Lawsuit is Protected Concerted Activity
The National Labor Relations Board’s (“NLRB”) definition of the word “concerted” is beginning to extend past its common sense meaning. The NLRB has been expanding what counts as “concerted” activity under Section 7 of the National Labor Relations Act (“Section 7”) to cover a multitude of activities lately, and in 200 E. 81st Restaurant Corp., it stretches the definition just a bit farther. More >
Parent Companies Ready for Labor Pains? NLRB Adopts New Joint Employer Standard
The end of August saw the National Labor Relations Board (“NLRB”) issue a highly-anticipated opinion in Browning-Ferris Industries of California, Inc.[1] In that opinion, the NLRB broadened the standard for what it considers a “joint employer,” a definition that had remained unchanged since Reagan-era appointees adopted a stricter standard in the 1980s (coincidentally, the earlier standard, endorsed by the Third Circuit in 1982, came in an earlier case against Browning-Ferris Industries of Pennsylvania, Inc. It is entirely possible that Browning-Ferris Industries exists as a company entirely to set joint employer standards before the NLRB). The new standard is liable to create headaches for corporations with subcontractors or franchisees, as it has the potential for parent companies to be held liable for labor violations at lower entity levels. More >
NLRB Protects a New Kind of Employee Activity: Worrying About Your Job
The National Labor Relations Board (“NLRB”) has been on a roll in recent years, protecting such employee activity as complaining on Facebook or even hitting the “Like” button. In the case of Sabo, Inc.¸ the NLRB recently ruled that letting other employees know about an open position and speculating on terminations falls within a category of concerted employee activity protected by the National Labor Relations Act (“NLRA”).[1] More >
Facebook is Not a Picket Line
The National Labor Relations Act protects the rights of employees to connect and address conditions at work, and recent decisions have held that this protection extends to certain work-related conversations on social media.[1] However, it has yet to be determined exactly how far this protection will reach. More >
Employers – Are You Prepared for New NLRB Election Rules?
On April 14th, the new National Labor Relations Board (“NLRB”) election rules came into effect, creating a potential headache for employers. Perhaps most critically, the timeline between the initial petition for union election and the election itself may be as short as 13 days, giving employers limited notice of potential union organization and activity. These accelerated elections are derisively (but maybe not unjustly) referred to as “ambush” or “quickie” elections. More >
