By: Sul Ah Kim and Cary R. Burke

Earlier this week, the National Labor Relations Board (“NLRB” or “Board”) overturned established precedent and held that a facially neutral work rule is presumptively unlawful if a “reasonable” employee predisposed to engaging in protected concerted activity could interpret the rule to have a “coercive meaning.” Stericycle, Inc.

By: Cary Burke

As we previously posted here, on February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) ruled in McLaren Macomb, 372 NLRB No. 58, that the mere proffer of a draft severance agreement containing broad confidentiality and non-disparagement provisions violated the National Labor Relations Act (“NLRA” or “Act”). 

Since that

By Kamran Mirrafati

On May 24, 2012, the NLRB Office of the General Counsel released an Operations-Management Memorandum that outlines the practices to be used by Regions for electronic distribution/posting or oral readings of the Notice to Employees in settlements of any unfair labor practice charge. See Memorandum OM 12-57.

Some of the key

By Molly Eastman

The General Counsel-side of the NLRB has been busy investigating and prosecuting unfair labor practice charges involving social media in 2011 and 2012. As evidenced in his two Operations Memoranda pertaining to social media cases, i.e., OM 12-31 (which can be viewed HERE) and OM 11-74 (which can be viewed HERE