Law360 Publishes Akin Gump Article on NLRB Developments

Law360 has published the article “What Employers Should Know About NLRB Top Cop Priorities,” written by Akin Gump labor and employment practice head Bob Lian and counsel James Crowley. The article, adapted from an Akin Gump client alert, discusses the National Labor Relations Board's recently issued memorandum highlighting several workplace issues that could signals potential change in a series of critical areas.

The authors note that the memorandum “challenges legal precedents that strike a balance between employee rights and management interests, increasing the risk of litigation for unfair labor practices,” in a variety of areas, including Employees and Independent Contractors; Employer Handbook Rules and Policies, Separation, Nondisparagement and Confidentiality Agreements; among others.

The article concludes by noting the importance for companies to be extremely vigilant in “watching for signs of union organizing efforts, maintaining open and strong communications with workers, and having lawful workplace policies.” Also, the authors remind employers that the National Labor Relations Act is a source of regulation of workplace activities and that they should be “mindful of ways in which the statute could potentially be implicated by company activities in the various areas described above and elsewhere.”