By Jennifer L. Mora and Jeffrey A. Berman

Seyfarth Synopsis: With a new President comes a shift in the balance of power at the National Labor Relations Board. To start, shortly after President Biden took office in January, the NLRB’s sole Democrat, Chairman McFerran, issued several dissents that provided a window into what the future would look like  under
Continue Reading Don’t Let the Pendulum Hit You as it Swings: NLRB General Counsel Previews a Pro-Labor Agenda

By: Jennifer L. Mora and Jeffrey A. Berman

The National Labor Relations Board’s sole Democrat, Chairman Lauren McFerran, has issued two new dissents that portend how a Biden Board likely will reverse precedent established by the Trump Board. This update is our fourth in a multi-part series discussing how Chairman McFerran’s dissents are likely to become the law once President
Continue Reading Back To The Future, Part Four: The Possible Reinstatement Of Obama-Board Rules

By Chuck Guzak

Seyfarth Synopsis: On May 4, 2021, Seyfarth attorneys convened a webinar entitled “The Biden Administration: Actions on Labor & Employment in the First 100 Days.”  A panel composed of Leon Rodriguez, Tracy Billows, Scott Mallery, Scott Hecker,, and Kyllan Kershaw addressed a number of labor, employment and immigration related actions
Continue Reading The Biden Administration: Actions on Labor & Employment in the First 100 Days

By Jennifer L. Mora and Jeffrey A.  Berman

Seyfarth Synopsis: When a new President is about to shift the balance of power at the National Labor Relations Board, a Board dissent can foreshadow how the newly constituted Board will consider a similar issue. Such is the case in Stericycle, Inc., a February 17, 2021 divided Board decision addressing unilateral
Continue Reading NLRB Dissent In Employee Handbook Decision Provides A Roadmap for Future Cases, Unfortunately

By Lawrence Z. Lorber, Leon Rodriguez, Samuel P. Sroka, and Scott P. Mallery

Seyfarth Synopsis: This special post-election report is brought to you by Seyfarth’s Policy Matters Newsletter. With so much at stake, we have collected the top-of-mind issues to watch as the election results take shape. 

The Current State

While the nation hoped for a
Continue Reading Election 2020 Special Report

By Ashley Laken

Seyfarth Synopsis: The NLRB’s Division of Advice recently released an Advice Memorandum finding that a security company’s work rules were unlawfully overbroad, but that the company did not violate the National Labor Relations Act by discharging one of its employees for posting an insidious Facebook video or by filing a defamation lawsuit against two former employees.

Earlier


Continue Reading NLRB Publishes Advice Memo Finding that Company Maintained Unlawfully Overbroad Work Rules But Did Not Violate NLRA By Discharging Employee for Facebook Video or Filing Defamation Suit Against Two Former Employees

By Jason Silver and Kevin Fritz

Seyfarth Synopsis: On June 6, 2018, Peter. B. Robb, General Counsel for the National Labor Relations Board (“Board”), provided employers with the first substantive guidance regarding workplace policies since the Board’s Boeing decision. General Counsel Memorandum 18-04 is a victory for employers as the Board seems to be returning to a common sense approach
Continue Reading The Board’s General Counsel Memorandum is a Comforting Return to a Common Sense Approach to Workplace Policies

Seyfarth Synopsis: Last week, members of the Chicago L&E Team hosted the Fourth Quarter Breakfast Briefing to a packed room.  This Briefing looked at four key governmental agencies/trends (OSHA, OFCCP and equal pay, EEOC, and NLRB) to review key highlights from 2017 and how 2018 was shaping up.

In case you missed it, here are the slides from the
Continue Reading Breakfast Briefing: Year In Review and Crystal Ball Predictions for 2018

Co-authored by Noah A. Finkel, David S. Baffa, and Andrew L. Scroggins

Seyfarth Synopsis: Following oral argument, employers should be cautiously optimistic that the Supreme Court will allow mandatory arbitration programs containing waivers of the ability to bring collective and class actions.

In Monday’s oral argument, in one of the most significant employment law cases we have
Continue Reading Class Waivers at the Divided Supreme Court: Employers Cautiously Optimistic

By Christopher M. Cascino

Synopsis: On May 25, 2017, Seyfarth attorneys Chris DeGroff, Noah Finkel, and Brad Livingston presented their insights on how the Trump administration will affect employers.  Specifically, they discussed the effect the Trump administration is having and will have on the EEOC, the DOL’s Wage and Hour Division, and the NLRB.  All presenters agreed that, while the
Continue Reading Seyfarth Attorneys Discuss Effect Of Trump Administration On Employers