Labor & Employment Developments Blog

On February 14, 2025, National Labor Relations Board (NLRB) acting General Counsel William B. Cowen rescinded several memoranda issued by the former NLRB General Counsel Jennifer Abruzzo. The rescinded memoranda include, GC 21-06 and GC 21-07 addressing remedies to be sought; GC 21-08 on the rights of student-athletes under the National Labor Relations Act (NLRA); GC 23-02 on electronic monitoring; GC 23-05 on severance agreements; and GC 23-08 and GC 25-01 on non-compete agreements. The rescission of GC 23-5, GC 23-08 and GC 25-01 is significant for employers that use non-compete agreements in their employment or severance agreements.

On July 21, 2020, the National Labor Relation Board (the “NLRB”) issued its decision in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020), adopting a motivating factor test, for cases involving abusive or offensive statements made by employees in the course of “concerted activities” which are otherwise protected under Section 7 of the National Labor Relations Act (the “NLRA”).  The test, also known as the Wright Line standard, focuses on whether the employee’s Section 7 activity was a motivating factor in an employee’s discipline or discharge and shifts the ...

NLRB axes Lutheran Heritage Standard

In a 3-2 decision, the NLRB overruled its prior decision regarding how it analyzes whether a facially neutral workplace rule, policy or employee handbook provision interferes with the exercise of rights protected by the National Labor Relations Act (“NLRA”).