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Yearly Archives: 2023

Legal Guidance or Abuse of Power? NLRB’s Abruzzo faces second lawsuit for captive audience memos.

We previously reported on how the NLRB’s General Counsel, Jennifer Abruzzo, issued a memo urging the Board to prohibit captive audience meetings. These are mandatory meetings employers hold to express their opinion that unions are …

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Anti-Trust Laws Could Result in Criminal Charges for Companies’ Utilizing No-Poach Agreements

The Department of Justice (DOJ) is attacking no-poach hiring agreements, a trend that could have a lasting impact on how companies solicit/secure employees. This trend started in 2016, when they issued guidelines on how to avoid antitrust …

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Michigan Becomes First to Repeal Right-to-Work Law

Late last week, Michigan’s Governor, Gretchen Whitmer, made history when she signed legislation repealing Michigan’s right-to-work law for private-sector employees. The legislation moved swiftly through both Michigan’s Democrat-controlled House of Representatives and Senate and was …

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California Bill Would Create Automatic Joint Liability for Large Franchisor-Franchisee QSRs

Last month, California legislators introduced the Fast-Food Franchisor Responsibility Act (“AB 1228”).  It’s core creates joint liability between franchisees and franchisors and was part of the original Fast Food Recovery Act (“AB 257”). These joint …

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California Upholds Prop 22: Drivers Can Be Contractors, at least in the Golden State

On Monday, a California appellate panel upheld the California voter-approved Proposition 22, which permitted gig companies like Uber, Lyft, and DoorDash, to classify their drivers as independent contractors instead of employees. The decision largely reverses …

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Protecting Confidentiality May Be Illegal: How the NLRB is changing severance agreements

In February, the National Labor Relations Board (“NLRB” or “Board”) took aim at severance agreements, ruling that traditional confidentiality and non-disparagement clauses violate employees’ Section 7 rights. This is a departure from past NLRB rulings, …

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