Employment Law in Motion
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NLRB Stericycle Decision Adopts Stringent New Standard Limiting Employer Workplace Rules That May Restrict Employee Concerted Activity
On August 2, 2023, in Stericycle, Inc., the National Labor Relations Board (NLRB) adopted a new legal standard for employer work rules that may have the effect of restricting employees' protected concerted activity. Employers will recall that Section...
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U.S. Supreme Court Holds Union Can Be Sued for Strike Designed to Cause Damage to Employer’s Property
In Glacier Northwest, Inc. v. Teamsters, with an 8-1 decision, the U.S. Supreme Court recently clarified that a union’s conduct during a strike that intentionally (or at least unreasonably and foreseeably) causes financial or property harm to the emp...
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New Memorandum Targets Union and Non-union Employers’ Noncompetition Agreements
The General Counsel (GC) for the National Labor Relations Board, Jennifer Abruzzo, continues the Board’s crusade against noncompetition agreements in Memorandum GC 23-08 (May 30, 2023). The GC serves as the Board’s lead prosecutor and directs the reg...
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NLRB General Counsel Issues Guidance on Severance Agreements for Union and Non-union Employers
On March 22, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued formal guidance in response to inquiries about applying McLaren Macomb, 372 NLRB No. 58 (February 21, 2023). McLaren Macomb, which was the subject of a pr...
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NLRB Targets Severance Agreements with Union and Non-Union Employees
The National Labor Relations Board (NLRB) has joined a growing pro-worker chorus taking aim at confidentiality (of the severance paid) and non-disparagement provisions in severance agreements, ruling that simply proposing such provisions violates fed...
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Are Work-Required Security Screenings on the Clock, Or Not?
A recent Oregon Supreme Court decision found that Oregon wage and hour laws mirror the federal Fair Labor Standards Act (FLSA) and do not provide employees with a greater right to compensation for time spent performing pre- or post-shift activities....
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