This Essay details several recent and important workplace disputes addressed by the National Labor Relations Board (NLRB) pursuant to Section 7 of the National Labor Relations Act (NLRA). Section 7 protects a worker's right to pursue an activity for mutual aid or protection regarding wages, ...
Often, non-unionized employers do not think the National Labor Relations Act (NLRA or “the Act”) applies to them. However, that is not true. Section 7 of the Act guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively ...
The National Labor Relations Board recently issued an opinion in Lion Elastomers, LLC II, reinstating prior case law that provides greater protections for employees who engage in disruptive behavior in connection with protected activity under the National Labor Relations Act (“NLRA”)—thereby making...
Under Section 8(a)(1) of the NLRA, it is an unfair labor practice for an employer to interfere with an employee’s rights under Section 7 of the Act, which include the right to join a union, bargain collectively, and engage in other protected concerted activity. Agreements that tend to...
If the theory holds up, reality show contestants could be granted “employee” status under the National Labor Relations Act (NLRA), providing the contestants the right to unionize, along with a host of other legal protections, which could fundamentally impact the business model of reality ...
On Aug. 2, inStericycle, Inc., 372 NLRB No. 113 (2023), the National Labor Relations Board (NLRB) adopted a strict new legal standard for assessing the validity of workplace rules under the National Labor Relations Act (NLRA). This decision applies to all companies covered...
The economic analysis section of the proposed rule regarding definition of joint-employer status directly addresses only the potential cost impact of the rule on small entities. This is an analysis required under the Regulatory Flexibility Act, and it f...
The final rule, which will be published in a new part 104 of 29 C.F.R. chapter 1, applies to all employers subject to the Act, regardless whether their employees are organized by any labor organization. Private, nonagricultural employers are subject to the NLRA if they ...
Foley & Lardner LLP Partner Carrie Hoffman is quoted in theSHRMarticle, “NLRB General Counsel: Noncompete Agreements Usually Are Unlawful,” discussing a recent memo released by the National Labor Relations Board (NLRB) stating that noncompete agreements violate the National Labor Relations Act. ...
First, on December 13, 2022, the Board issued a decision that greatly enhances the damages aggrieved employees can recover when an employer has been found to violate the National Labor Relation Act (“NLRA”). In that case,Thryv, Inc., the NLRB ruled in a 3 to 2 decision that employers...