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- Date:
- September 21, 2023
- Type:
- Commentary and Insights
On August 2, 2023, the National Labor Relations Board (NLRB) issued its decision in Stericycle Inc., marking a dramatic shift in the legal landscape for employers. In this article, employment law attorney David Phippen answers questions on what Stericycle Inc. means for employers and practical steps they can take under the new standard.
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- Date:
- August 28, 2023
- Type:
- News
The NLRB's Cemex ruling upends the process for requesting union elections in place for more than 50 years and is expected to make it easier for unions to win recognition as employees' bargaining representatives.
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- Type:
- Employment Law Guide
Updated with respect to The National Labor Relations Board’s August 2023 Stericycle ruling, which adopted a new legal standard for evaluating the validity of workplace rules under the National Labor Relations Act.
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- Date:
- August 2, 2023
- Type:
- News
The NLRB has returned to an old standard under which work rules that do not explicitly target workers' rights may still be found to violate federal labor law if workers would "reasonably construe" them to bar organizing.
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- Date:
- June 13, 2023
- Type:
- News
The NLRB reversed its business-friendly test for determining if a worker is an independent contractor or an employee under the NLRA and restored a more worker-friendly test established by the Obama-era NLRB in 2014.
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- Date:
- May 3, 2023
- Type:
- News
Disciplining an employee for misconduct committed while the employee is participating in protected concerted activities may violate the NLRA, the National Labor Relations Board has ruled.
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- Date:
- February 28, 2023
- Type:
- News
The NLRB put the brakes on the use of nondisparagement and confidentiality clauses in separation agreements if they require employees to waive their rights under the National Labor Relations Act.
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- Date:
- December 14, 2022
- Type:
- News
The NLRB will now require employers to compensate employees for all monetary harm resulting from a National Labor Relations Act violation.
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- Date:
- October 5, 2022
- Type:
- News
Employers must continue withholding union dues from employees' wages and remitting them to the union after a collective bargaining agreement expires, the NLRB has ruled, reversing a major Trump-era Board ruling.
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- Date:
- September 8, 2022
- Type:
- News
An employer may be deemed a joint employer if it has indirect and unexercised control over the employment terms and conditions of a shared employee, under a rule proposed by the NLRB.