By John Phillips and Ken Dolin

Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful conduct away from the bargaining table, (2) not even one of the employer’s proposals being unlawful in and of itself

Continue Reading When Lawful Proposals Become Unlawful Bargaining Conduct: The Board Holds An Employer’s Adherence to Lawful Proposals Nonetheless Constitutes Bad-Faith Bargaining

By Rachel V. See and Annette Tyman

Seyfarth Synopsis: The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working on a “broader value-based document” that contains “principles and best practices” for both employers using AI

Continue Reading Department of Labor, Including OFCCP, Continues Work on Guidance and “Promising Practices” Regarding Artificial Intelligence

By Danielle Shapiro

Seyfarth Synopsis: Last Friday, March 8, 2024, the United States District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (“NLRB”) 2023 Joint Employer rule (“2023 Rule”) finding that it was both unlawfully broad and arbitrary and capricious.

Background

The 2023 Rule contains the following relevant provisions:

  • Subsection (a) provides that an
Continue Reading Texas District Court Invalidates the NLRB’s Joint Employer Rule

By Dawn Mertineit 

Seyfarth Synopsis: It should come as no surprise to readers of our blog that restrictive covenants are facing significant headwinds.

The last decade or so has seen significant limitations on such agreements—mainly non-competes, but also other restrictive covenants such as customer and employee non-solicits and even non-disclosure agreements. These limitations—or proposed limitations—have come in

Continue Reading Is Maine the Next Frontier in the Effort to Ban Non-Competes?

Seyfarth Synopsis: By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year, and 2024 promises to be one for the history books.

Notably, AI has taken the commentariat, if not actual

Continue Reading Now Available! 2024 Commercial Litigation Outlook

By Jennifer L. Mora and Elliot R. Fink

Seyfarth Synopsis:  Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the applicability of its new Cemex standard, but also foreshadowed an intense appellate review process expected in the federal Circuit Courts of Appeal. This

Continue Reading Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on New Organizing-Friendly Standard

By John T. Ayers-Mann and Jennifer Mora

Seyfarth Synopsis: On October 30, 2023, the Biden Administration issued a sweeping order on artificial intelligence. Among its numerous provisions, the Order touches on several issues of interest to employers. For employers with labor-related concerns in particular, the most significant provision could be the impact of the provisions relating to surveillance of workers.

Continue Reading Sweeping AI Executive Order Has Labor Implications for Employers

By Alex Meier and Cary Reid Burke 

Seyfarth Synopsis: The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a consolidated complaint alleging that certain restrictive covenants contained in offer letters and policies in an employee handbook violated

Continue Reading We’ve Got a Test Case: The NLRB Files its First Complaint Challenging the Validity of Restrictive Covenants

By Molly Gabel and Rachael Reed

Seyfarth Synopsis: On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor Relations Act (NLRA) to include statutory employees’ efforts to advocate for nonemployees. To reach this outcome, the

Continue Reading NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees

By Jamie RichLisa Nichols, and Joe Vento

Seyfarth Synopsis: On August 25, 2023, the National Labor Relations Board (NLRB or Board) issued its much-anticipated Cemex decision, which has broad implications for union organizing. It handed unions a win with a partial return to the Joy Silk standard.

Now, if a union demands recognition from an employer because it claims that it

Continue Reading Board Wipes Out Decades of Precedent with Card Check Requirements, Punts on Issuing “Captive Audience” Ban or New Rules About Employer Speech