Compliance Stuff

The National Labor Relations Board’s General Counsel just issued guidance last week addressing how Regional Offices should approach enforcement of unfair labor practice charges involving employer work rules and handbook provisions. While the memo does  not  change the Board’s law on work rules, it does signal the beginning of an important shift – and we expect less scrutiny of workplace rules by the NLRB under the current administration. Here’s what you need to know about the GC’s February 27 guidance memo and five practical steps to consider taking now. Why This Matters Now The General Counsel’s guidance suggests that the agency will be  less aggressive in pursuing marginal work-rules cases , but it does  not immunize such rules from challenge . Employers cannot assume that your policies are beyond scrutiny because enforcement resources will be prioritized. Read on for a discussion of the current law, the GC memo’s impact, and key compliance steps. Prior Policy: Fro...

After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant course correction of the nation’s labor law landscape. Once confirmed as expected, these nominees could quickly reshape things for employers across the country, especially as many continue to grapple with aggressive union activity, a backlog of Board decisions, and sweeping changes to precedent issued under the prior administration. With the pendulum poised to swing back, employers should start preparing now for what could be a more management-friendly Board. Here is a quick recap and a list of the five most significant cases you should keep your eye on. Trump's Picks and a Path Back to Quorum On July 17, President Trump announced the nominations of two new Board members to fill two of the vacant seats on the NLRB: Scott Mayer, chief labor counsel at a global aer...

In this installment of our  Workplace Strategies Watercooler 2025  podcast series, Dee Anna Hays (shareholder, Tampa) and Lucas Asper (shareholder, Greenville), who are co-chairs of the firm’s Multistate Advice and Counseling Practice Group, join Todd Duffield (shareholder, Atlanta) to discuss the latest tips and trends for multistate handbooks. Dee Anna, Lucas, and Todd touch on various state and local law-specific issues and key topics for employers’ consideration, including revisiting diversity, equity, and inclusion (DEI), leaves of absence, and reasonable accommodation policies. They also stress the importance of understanding employee monitoring and privacy limitations and employee rights to engage in protected activity under the National Labor Relations Act, a protection that extends to all employees, including those not represented by a union. Transcript Announcer: Welcome to the Ogletree Deakins podcast, where we provide listeners with brief discussions about importa...