Unfair Labor Practices

New and Updated

• Date:

  March 24, 2023

  Type:

  News

  NLRB Limits on Separation Agreements Are Retroactive

  An NLRB ruling that nondisparagement or confidentiality clauses in separation agreements are unlawful if they would restrict or interfere with an employee's labor rights applies retroactively, according to a new General Counsel guidance memo.

• Date:

  December 14, 2022

  Type:

  News

  Employers Face Stronger Unfair Labor Practice Penalties After NLRB Ruling

  The NLRB will now require employers to compensate employees for all monetary harm resulting from a National Labor Relations Act violation.

• Date:

  October 5, 2022

  Type:

  News

  Dues Checkoff Can Continue After Contract Ends, NLRB Rules

  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.

• Date:

  September 2, 2022

  Type:

  News

  NLRB Reverses Course, Bars Rules Banning Wearing of Union Insignia

  In the first reversal of a precedent set during the Trump administration, the NLRB ruled that wearing union insignia is a critical form of protected communication and any attempt to restrict it is presumptively unlawful.

• Date:

  August 29, 2022

  Type:

  News

  Court Orders Starbucks to Rehire Fired Union-Organizing Employees

  A federal district court has ordered a Starbucks store to rehire seven employees who it had fired during a union organizing campaign.

• Date:

  September 20, 2021

  Type:

  News

  Employers May Soon Face Tougher Sanctions for NLRA Violations

  Employers charged with violating the National Labor Relations Act may soon face tough new remedies in both settlement agreements and board rulings, following two memos issued by the NLRB General Counsel.

• Date:

  March 31, 2021

  Type:

  News

  NLRB Rules Tesla Violated Workers' Rights During Union Campaign

  The NLRB ruled that Tesla engaged in unlawful union-busting activity during a 2017 union-organizing campaign at its flagship manufacturing plant.

• Type:

  FAQs

  May an employer discipline an employee for offensive or abusive language or actions in the course of engaging in activity that may be protected under the National Labor Relations Act (NLRA)?

• Type:

  Employment Law Guide

  The Unionization Process: West Virginia

  Updated to reflect legal developments regarding the state's right to work law.

• Type:

  Employment Law Guide

  Unfair Labor Practices: Federal

  Updated to reflect the final rule revising and clarifying the standard for joint employer status under the National Labor Relations Act (NLRA), effective April 27, 2020.