By: Jamie Rich, Michael Berkheimer, and Andrew Cohen
On March 20, 2023, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 23-04. The memorandum is a follow-up to her August 12, 2021, GC Memo 21-04 (“Mandatory Submissions to Advice”), in which General Counsel Abruzzo announced that she
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: Cary Burke
It’s no secret that one of National Labor Relations Board General Counsel Jennifer Abruzzo’s primary priorities is to broaden the damages available to an aggrieved party. Indeed, as we’ve previously discussed here, last December, the Board ruled in Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022), that aggrieved employees
By: Arthur Telegen, Cary Burke, and Alex Reganata
On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) once again issued new precedent when holding 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”). The severance
By: Cary Burke and Olivia Jenkins
At the end of last year, Congressional appropriators gifted a $25 million budget increase to the National Labor Relations Board. While this boost in funding fell short of President Biden and General Counsel Jennifer Abruzzo’s requests, this cash infusion should give the Board and its Regions the ability to
By: Cary Burke and Olivia Jenkins
As labor watchers have come to expect over the past few years, the National Labor Relations Board saved some of its most consequential decisions for release in late December. In a slew of rulings, the Board significantly broadened the categories of damages available to aggrieved employees, re-opened the door
By: Kyllan Kershaw & Kaitlyn Whiteside
Seyfarth Synopsis: In Colorado Symphony Association, 366 NLRB No. 60 (April 13, 2018), the NLRB found that an employer had an obligation to disclose information related to individual overscale contracts because the request related to the union’s investigation of potential sex discrimination, a mandatory subject of bargaining.
The NLRB has overruled Browning Ferris and returned to its previous standard for determining joint employer status. For more information, see our Management Alert here.
Seyfarth Synopsis: Administrative Law Judge found that the NLRA preempts part of Wisconsin’s right-to-work law that restricts employers from deducting union dues directly from employees’ paychecks.
If you are an avid reader of our blog, you will undoubtedly recall that approximately two years ago, Wisconsin became the then-25th
Seyfarth Synopsis: A review and analysis of select NLRB cases decided by President Trump’s new appointee as Secretary of Labor and former NLRB Member Alexander Acosta.
With the withdrawal of Andrew Puzder from consideration for the Secretary of Labor vacancy on President Donald Trump’s cabinet, former NLRB Member Alexander Acosta