Training repayment agreements (TRA) are a tool for retaining employees after they received employer-paid training. Generally, a TRA requires an employee to repay an employer for the costs of training if the employee leaves employment before a set period of
Labor & Collective Bargaining
Latest from Labor & Collective Bargaining
Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers
In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both unionization and concerted employee actions affecting working conditions.…
Forensic Review During Investigations: Have You Considered The NLRA?
NLRB General Counsel Jennifer Abruzzo is pressing for stricter enforcement against the use of workplace technologies to monitor employees. As a result, employers should consider the National Labor Relations Act (the “Act”) when conducting forensic reviews of employee emails and…
NLRB GC Guidance on NLRB Decision Invalidating Confidentiality, Non-Disparagement Provisions in Severance Agreements
On March 22, 2023, National Labor Relations Board (NLRB or Board) General Counsel Jennifer A. Abruzzo issued a memorandum to all NLRB Field Offices on the implications of the Board’s February 21, 2023, decision in McLaren Macomb, 372 NLRB No.
CFPB and NLRB Sign Information Sharing Agreement to Target Employer Surveillance and “Debt Traps” for Employees
On March 7, 2023, the Consumer Financial Protection Bureau (CFPB), the federal government agency charged with protecting consumers in the financial sector, and the National Labor Relations Board (NLRB), the federal government agency tasked with protecting private sector employees’ rights…
Private Sector Union Membership Rate Declines in 2022
The union membership rate among private sector workers fell to 6.0% in 2022, according to a U.S. Bureau of Labor Statistics (BLS) news release. This is down from 6.1% in 2021 and continues the overall decline since private sector…
College Athletes Closer to Being ‘Joint Employees’: NLRB Moves Case Against USC, the Pac-12, and NCAA
The fast-changing world of college athletics is about to collide with the ever-changing doctrine of joint employment.
In January 2022, on behalf of football and basketball athletes at the University of Southern California (USC), the National College Players Association (NCPA)…
NLRB Decision Grants Easier Property Access for Off-Duty Contract Workers
In a 3-2 decision, the National Labor Relations Board has reinstated its prior standard providing a more expansive right of off-duty contractor employees to access publicly accessible areas of the primary employer’s workplace for the purpose of engaging in organizing…
NLRB General Counsel Memo on Electronic Monitoring of Employees
Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace. The memo also directs NLRB Regions to submit to…
Top Five Labor Law Developments for September 2022
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