Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Talking About The NLRB’s New Rulings on Confidentiality, Non-Disparagement, and Severance Offers

There’s been another flip-flop at the National Labor Relations Board. The target this time? Severance agreements. During the Trump administration, the NLRB issued a set of rulings that generally allowed employers to…

Ideologically Recalibrated NLRB Restocks Union Organizing Toolbox

An ideologically recalibrated National Labor Relations Board (“NLRB”) implemented an important right for labor unions who seek to organize a bargaining unit comprising less than a full complement of a location’s…

The Supreme Court and Lessons from “Striketober”: What Should Employers Expect?

A wave of labor strikes in October of 2021 led experts to dub the month “Striketober.” And this year, we saw the trend continue as companies across the nation faced a number of work stoppages through late-September and…

Déjà Vu – The NLRB Looks to Implement Prior Joint Employer Standard

On September 7, 2022, the NLRB issued a notice of proposed rulemaking seeking to replace the Trump-era final joint employer rule, which provided that an employer would be considered a joint employer under the NLRA…

The End of Arbitration? What the “Me Too” Law Means for the Future of Employment Arbitration

President Biden just signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” known informally as the “Me Too” law. It becomes effective immediately, and amends the Federal…