As the 2024 election approaches, protests continue across the country, and employees increasingly engage in discourse on important national and international political topics, employers.
In two opinions released on August 31, the National Labor Relations Board (NLRB) overruled two 2019 decisions to expand the scope of workers’ concerted activity protections under the.
National Labor Relations Board issued McLaren Macomb, a decision that curtails the permissible scope of confidentiality agreements and non-disclosure provisions in severance agreements. See McLaren Macomb. Analyzing broad provisions in the agreements at issue in this case.
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On March 30, 2021, the Office of General Counsel of the National Labor Relation Board (“NLRB” or “Board”) released an Obama-era
Advice Memorandum, originally prepared in 2016, opining that racially charged comments were protected concerted activity. Just one day later, on March 31, 2021, Acting General Counsel Peter Sung Ohr affirmed in his latest
st Memorandum”) his plan to pursue a broadening of employees’ protections under Section 7 of the National Labor Relations Act (“NLRA” or “Act”)
beyond concerted activities relating to union activity and labor organizing, for example, by expanding the Board’s traditional view of protected concerted activity to protect employees’ political and social justice advocacy activities under Section 7. These publications are a harbinger of the enforcement priorities of the General Counsel under the Biden administration.