What does it mean if a union makes a “demand for recognition,” or “request for voluntary recognition” to an employer? What does a union mean when it says it has a “showing of interest” or “proof of majority support” or “majority status,” or that it has been “designated as Section 9(a) representative by the majority of employees in an appropriate unit”?
These magic words are now of critical importance to employers and their employees due to a dramatic change the National Labor Relations Board (NLRB) announced on August 25, 2023, in how it interprets the National Labor Relations Act (NLRA).
Continue reading “The New Critical Importance of a Union Request for Recognition”
A recent employer settlement with a National Labor Relations Board Region shows that the General Counsel is not just focused on noncompetition restrictions, but also nonsolicitation restrictions that the General Counsel believes are overbroad.
Continue reading “What Employers Can Learn From the NLRB’s Recent Prosecution and Settlement of a Noncompete Case”
New York state is poised to join four other states in banning employment-related noncompete agreements. In addition to standalone noncompetition agreements, noncompete restrictions on employees within offer letters, employment agreements, stock option agreements and other employment-related agreements, are subject to the new law’s prohibition.
Continue reading “New York Legislature Agrees to Ban Noncompete Agreements”
The General Counsel of the National Labor Relations Board (the Board) issued new guidance announcing her position that certain noncompete agreements violate the National Labor Relations Act. Citing McLaren Macomb, the General Counsel urged the Board to adopt her position regarding noncompete agreements, arguing that the Board already embraced a similarly restrictive standard for analyzing the lawfulness of severance agreements.
Continue reading “NLRB GC’s Latest Guidance Expands Restrictions to Noncompete Provisions”
Our latest briefing dives into new local laws about AI and how it affects both employment and insurance industries, the launch of NIST’s Trustworthy & Responsible Artificial Intelligence Resource Center and the plans for it moving forward, new guidance from the FDA on cybersecurity and on artificial intelligence/machine-learning frameworks, and the Coalition for Health AI’s quality assurance standards for use of AI in the health care and related industries.
Continue reading “Retail Employers and the National Labor Relations Act”
On March 7, 2023, the National Labor Relations Board (NLRB) announced a new information sharing agreement with the Consumer Financial Protection Bureau (CFPB). The agencies executed a memorandum of understanding that will remain in effect indefinitely and permit the sharing of nonpublic information, including information about ongoing investigations. According to the NLRB and CFPB, the agreement will help improve the enforcement of both federal consumer financial protection laws and labor laws, with a heightened focus on employer surveillance and employer-driven debt.
Continue reading “NLRB New Information Sharing Agreement Takes Aim at Employer Surveillance”