In a move that will swing the pendulum from union-to-business friendly faster than some expected, the Senate yesterday narrowly voted against advancing President Joe Biden’s nominee, Lauren McFerran, the current Chairman of the National Labor Relations Board (NLRB), for another term.
In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. Continue reading
Within the past week, the National Labor Relations Board has reversed over 100 years of combined precedent with two decisions that will make it easier for unions to organize American workplaces. Continue reading
After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law. Continue reading
On Wednesday, an administrative law judge issued a cease and desist order forcing an employer to rescind overly broad nondisparagement and confidentiality language from its severance agreement and notify all former employees who signed them.
This could have been avoided. Continue reading
The Federal Trade Commission isn’t the only government agency gunning for your company’s noncompetes.
Earlier this month, a National Labor Relations Board Administrative Law Judge ruled that a non-union employer violated the National Labor Relations Act by utilizing unlawful noncompete and nonsolicitation provisions in employment agreements. Continue reading
I disappeared down a few Google rabbit holes in my attempt to find the right coffee pun to introduce yesterday’s Supreme Court decision in which eight out of nine justices agreed to recalibrate the test for when the National Labor Relations Board seeks an injunction in federal court to curtail what it believes is an employer’s (here, Starbucks) unfair treatment of employees.
I know it was a tall order. Continue reading
Like The Rock laying the smack(eth) down on Cody Rhodes in a Chicago parking lot, a federal appellate court recently pummelled the National Labor Relations Board. Although to be clear, no one was harmed as part of the DC Court of Appeals’ recent ruling about the contours of employee surveillance.
I’ll tell you what happened.
On Friday evening, a Texas federal judge blocked a proposed National Labor Relations Board rule that would have made it much easier for employees to unionize when he determined that enforcing the Board’s proposed joint employer rule “would be contrary to the law” and “arbitrary and capricious.”
I’ll give you a little refresher on the Board’s proposal. Then, we’ll examine where it fell apart. Continue reading
The Employer Handbook Blog