On September 12, 2024, the Regional Director for Region 22 (Newark) filed a complaint against Planned Companies, a building maintenance and services provider based in New Jersey alleging that its use of no-poach agreements with its clients violates Section 8(a)(1) and 8(a)(3) of the National Labor Relations Act (the “Act”).
Section 7
No Limits: Non-Compete Agreements Next Up on NLRB General Counsel Chopping Block
Following the National Labor Relations Board’s (“NLRB”) highly-controversial decision in McLaren Macomb declaring most confidentiality and non-disparagement clauses in separation agreements to be unlawful, General Counsel Abruzzo this week declared her intention to seek to invalidate nearly all post-employment non-compete agreements, in a memorandum stating her prosecutorial position that…
Johnnie’s on the Spot; Board Reaffirms Standards for Employer Interrogations of Employees in Preparation for NLRB Proceedings
By Joshua Fox, Steven Porzio & Alexander J. Blutman on
A Direct Hit: NLRB Expands Make-Whole Remedies to Cover All “Direct or Foreseeable” Financial Harm
By Michael Lebowich, Joshua Fox & Hannah Morris on
In a decision, Thryv, Inc., 372 NLRB No. 22, that was foreshadowed by recent invitations for briefs and prosecutorial conduct by NLRB General Counsel Jennifer Abruzzo (see our prior posts here and here), the National Labor Relations Board (“NLRB” or “Board”) issued a significant ruling on December 13,…
D.C. Circuit Affirms NLRB Vulgar Graffiti Ruling
By Joshua Fox & Alyssa M. Cook on
On August 9, 2022, the U.S. Court of Appeals for the District of Columbia held that the National Labor Relations Board (“NLRB”) had adequate justification to rule that an aluminum manufacturer (“Constellium”) violated the National Labor Relations Act (“NLRA”) by firing a worker who made a vulgar protest against the…
Google’s Union Campaign Strategy Documents Not Privileged, NLRB Administrative Law Judge
By Mark Theodore, Joshua Fox & Dixie Morrison on
Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s share of certain documents subpoenaed by former Google employees. Discovery issues have become more prevalent…
NLRB Majority: Employer May Continue “No Recording” Rule, Even After Unlawfully Applying it to Single Employee
By Mark Theodore, Joshua Fox & Jordan Simon on
In AT&T Mobility LLC , 370 NLRB No. 121 (2021), the NLRB majority (Members Ring and Emanuel) held that the Employer could lawfully maintain a workplace policy prohibiting its workers from recording conversations with their co-workers, managers or third-parties, even though its application in one particular circumstance was found unlawful. …
NLRB General Counsel Promises “Vigorous” Enforcement of Employees’ Rights to Engage in Workplace Advocacy Related to Social Issues and Health and Safety Concerns
On March 31, 2021, the NLRB’s Acting General Counsel Peter Ohr issued a Memorandum entitled “Effectuation of the National Labor Relations Act through Vigorous Enforcement of Mutual Aid or Protection and Inherently Concerted Doctrines” to all Regional Directors. While the Memorandum does not change NLRB precedent in any respect, it…