Eric Novak
Subscribe to all posts by Eric Novak
On November 10, 2021, the National Labor Relations Board announced that it is seeking public input to address whether the Board should award consequential damages to make employees whole for economic losses and under what circumstances. See Thyrv, Inc. 371 NLRB No. 37 (2021). The Board’s traditional remedy for unlawful layoffs or terminations requires that … Continue Reading
As we recently foreshadowed, given the slim Democratic margins in the House and Senate, and a Democratic President, there is the potential for the most significant amendments to the National Labor Relations Act (“NLRA” or “Act”) in its eighty-six (86) year history. On Tuesday night, March 9, 2021, the U.S. House of Representatives took the … Continue Reading
We have seen this movie before. NLRB precedent established by the Board under the prior Administration conflicted sharply with decisions by the D.C. Circuit reviewing the Board. Then the current iteration of the Board reverses its own precedent and sides with the D.C. Circuit. This situation occurred recently with regard to whether the “clear and … Continue Reading
On May 29, 2020, the NLRB issued an important opinion overruling two decisions in order to define the term “solicitation” in a manner consistent with prior Board decisions and the dictionary definition of the term. Wynn Las Vegas, LLC, 369 NLRB No. 91 (2020). In defining “solicitation,” the Board held that “where an employee makes … Continue Reading
In the field of labor relations, there exist some rare occurrences, things that happen so seldom that it seems as if they are impossible. As we’ve previously discussed, one such “unicorn sighting” is the NLRB overturning an Administrative Law Judge’s credibility determinations. Another event that falls in the category of “super rare” is a court … Continue Reading
NLRB Takes One Step Closer to Expanding The Possible Damages Awarded to Employees Fired in Violation of the Act
By Mark Theodore, Joshua Fox and Eric Novak on Posted in NLRB
Once Again, the House Passes “Protect the Right to Organize Act,” Sending Bill to Senate
By Mark Theodore, Joshua Fox and Eric Novak on Posted in Biden Administration Coverage
NLRB Establishes Bright-Line Test Denying Jurisdiction over Religious Educational Institutions
By Mark Theodore, Joshua Fox and Eric Novak on Posted in NLRA, NLRB, Section 7
NLRB Redefines “Solicitation,” Broadening Conduct that may be Considered Unprotected
By Mark Theodore and Eric Novak on Posted in NLRB
Federal Appeals Court Vacates Arbitration Award, Concluding Arbitrator Issued Own “Brand of Industrial Justice”
By Mark Theodore and Eric Novak on Posted in Arbitration
