On July 26, 2024, the National Labor Relations Board (“NLRB”) issued a final rule—The Fair Choice-Employee Voice Final Rule, that rescinds and replaces several amendments the NLRB made in April 2020. Specifically, the final rule makes three significant changes which are detailed more fully below: (1) it restores the NLRB’s previous “blocking charge” policy; (2) […]
Effective January 1, 2024, the U.S. Department of Labor issued a final rule that requires certain employers in designated high-hazard industries to electronically submit injury and illness information that they are already required to keep to the department’s Occupational Safety and Health Administration. Specifically, establishments with 100 or more employees in certain high-hazard industries must […]
On October 26, 2023, the National Labor Relations Board (“NLRB”) issued a final rule addressing the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). The new rule is effective December 26, 2023. Pursuant to the new rule, two or more employers of the same employees are considered joint employers of […]
On September 6, 2023, New York Governor Kathy Hochul signed the captive audience bill into law which prohibits employers from coercing employees into attending or participating in meetings sponsored by the employer concerning the employer’s views on political or religious matters. The legislation also requires employers to post a sign in every workplace informing employees of […]
The National Labor Relations Board (“NLRB” or “Board”) recently released the decision Stericycle Inc., which revises the test for determining whether an employer’s workplace policies comply with the National Labor Relations Act (“NLRA”). Specifically, the decision reverses the Board’s former decision in Boeing Co. and adopts a new test: specifically, could a worker reasonably read, or interpret, a […]
On March 22, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum clarifying the NLRB’s decision in in McLaren Macomb, 372 NLRB No. 58 (2023), which deemed non-disparagement and confidentiality provisions in severance agreements to be unlawful. Specifically, the memorandum provides that the decision applies retroactively and therefore, agreements containing unlawful provisions […]
On March 28, 2023, the National Labor Relations Board (“NLRB”) announced the launch of a “Know Your Rights” card series to educate workers on their rights under the National Labor Relations Act. The launch begins with two tri-fold “Know Your Rights” cards. One card provides information about the rights afforded to immigrant employees. The other card […]
On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision holding that an employer violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when it offers a severance agreement containing provisions that would restrict employees’ exercise of their rights under Section 7 of the Act. In McLaren Macomb, the employer furloughed 11 […]
On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for “all direct or foreseeable pecuniary harms” resulting from an employer’s unfair labor practice as a matter of course in all cases involving […]
On September 7, 2022, the National Labor Relations Board (“NLRB”) issued a proposed rule on the standard for determining whether an entity is a joint employer under the National Labor Relations Act (“NLRA”). Under the proposed rule, entities may be deemed joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of […]
Submitted by Ali Law Group PC on December 28, 2019 Recently, the National Labor Relations Board (NLRB), released three new decisions which overturned significant Obama-era precedents. The decisions establish that: (i) employers can restrict employees’ use of emails for nonbusiness purposes; (ii) workplace policies covering confidentiality during workplace investigations are lawful; and (iii) employers can […]
Submitted by Ali Law Group PC on March 10, 2018 On February 26, 2018, the National Labor Relations Board (NLRB) issued an Order vacating its recent decision which overturned the broad standard applied in determining joint employment. As we previously reported, on December 14, 2017, in Hy-Brand Industrial Contractors and Brandt Construction Co., the NLRB […]
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