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Drafter Beware: NLRB Finds That Employers Who Offer Severance Agreements With Broad Non-Disparagement or Confidentiality Restrictions Violate The NLRA

USA - February 23 2023 The National Labor Relations Board (“Board”) issued a ruling on February 21, 2023, in McLaren Macomb, 372 NLRB No. 58 (2023), which in effect finds…

Raymond Arroyo, Joshua S Fox

Federal Appeals Court Partially Affirms Elimination of NLRB Rule, Hitting Fast-Forward Button on Representation Elections

USA - January 19 2023 A divided three-judge panel of the D.C. Circuit Court of Appeals partially affirmed a federal district court’s decision to vacate part of a rule…

Dixie Morrison

Work Beyond Pay Grade Can Be Grounds for Constructive Termination, Court Rules

USA - November 18 2022 The federal court for the Northern District of California recently declined to dismiss a former Al Jazeera International employee’s constructive…

Dixie Morrison

Latest NLRB General Counsel Memorandum Directs Regions to Attempt to Settle 10(j) Injunctions Before Going to Court

USA - October 20 2022 National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo stated over a year ago that 10(j) injunctions in NLRB charges were…

Thomas B. Fiascone, Joshua S Fox

Divided NLRB Rules (Again) that Dues Deductions Survive Contract Expiration

USA - October 4 2022 For more than five decades, employers could cease deduction of dues at the expiration of a collective bargaining agreement as a legitimate economic…

Ethan Picone