In this episode, Francine Esposito of Day Pitney explored the National Labor Relations Board (NLRB) General Counsel's recent recommendations that stay-or-pay, moonlighting and non-competition agreements be deemed unlawful under the National Labor Relations Act (NLRA), a pivotal federal labor law that applies to unionized and non-unionized workplaces alike. Esposito explained the General Counsel advocates for broad "make-whole" relief, which would require employers to compensate employees for speculative lost wages and benefits resulting from these provisions. Esposito also addressed recent NLRB cases banning employers’ use of “captive audience meetings” and limiting what employers can tell employees about the impact of choosing to unionize, as well as additional changes likely resulting from President Trump’s reelection.

Host: Tara Stingley (email) (Cline Williams Wright Johnson & Oldfather, LLP)

Guest Speaker: Francine Esposito (email) (Day Pitney LLP)

Related Articles:

In a Blow to Employers' Ability to Defend Against Union Organizing Drives, NLRB Outlaws Mandatory Captive Audience Meetings

NLRB GC Proposes Significant Penalties for Employers' Use of Non-Compete and Stay-or-Pay Agreements

Supreme Court’s Clarified Standard Makes It Harder for NLRB to Obtain Injunctions

Union Officials and Other Non-Employees Now Allowed in OSHA Inspections

Updated: NLRB’s Proposed Joint Employer Rule Is Still in Flux

Key Labor Law Developments Affecting All Employers 

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In our Travel Tuesdays series, we explore the 'need to know' items for doing business in various jurisdictions around the world. This week, we take a closer look at New York. Stay tuned for more episodes!

Host: Steve Hirschfeld (email) (Hirschfeld Kraemer LLP / California)

Guest Speakers: Robert Holtzman (email) (Kramer Levin Naftalis & Frankel LLP / New York City), Ginger Schröder (email) (Schröder, Joseph & Associates / Western New York) & (Louis DiLorenzo (email) (Bond, Schoeneck & King, PLLC / Upstate New York)

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In our Travel Tuesdays series, we explore the 'need to know' items for doing business in various jurisdictions around the world. This week, we take a closer look at Oman. Stay tuned for more episodes!

Host: Peter Walts (Employment Law Alliance / Global)

Guest Speaker: Gorvinder Pannu (email) (Addleshaw Goddard / Oman)

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In today's episode, we discuss a major shift in Indonesia’s employment termination regime. A recent Constitutional Court ruling has reinstated the requirement for court approval for employee terminations, undoing key changes introduced by the Job Creation Law. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.

Host: Jamie Goh (email) (Shearn Delamore & Co. / Malaysia)

Guest Speaker: Syahdan Aziz (email) (SSEK Law Firm / Indonesia)

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In our Travel Tuesdays series, we explore the 'need to know' items for doing business in various jurisdictions around the world. This week, we take a closer look at the Philippines. Stay tuned for more episodes!

Host: Peter Walts (Employment Law Alliance / Global)

Guest Speaker: Easter Princess U. Castro-Ty (email) (SyCip Salazar Hernandez & Gatmaitan / Philippines)

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In this episode, we will discuss whether an employer in Finland can visit a worker at home to check on them. This could be a situation where the worker has called in sick, and the company wants to verify whether he or she is actually sick. This recently happened at a Tesla factory in Germany. The factory management had paid home visits to workers to check whether the worker’s sick leave was legitimate. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.

Host: Simon Söderholm (email) (Advokatfirman Vinge / Sweden)

Guest Speaker: Mats Forsius (email) (Castrén & Snellman / Finland)

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In our Travel Tuesdays series, we explore the 'need to know' items for doing business in various jurisdictions around the world. This week, we take a closer look at Rhode Island. Stay tuned for more episodes!

Host: Steve Hirschfeld (email) (Hirschfeld Kraemer LLP / California)

Guest Speaker: Sean Fontes (email) (Partridge Snow & Hahn LLP / Rhode Island)

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In this episode, we discuss when a private-sector employer is considered a covered employer under the FMLA, once an employer is a covered employer, which employees are eligible for FMLA leave, and more. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.

Host: Tara Stingley (email) (Cline Williams Wright Johnson & Oldfather, LLP)

Guest Speaker: Laurie Rogers (email) (Holland & Hart LLP)

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In today's episode, we discuss how Angola will be implementing the Maritime Labour Convention (MLC), which sets global standards for seafarers' working conditions. It was finally ratified by Angola on September 23rd, 2024. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.

Host: Nuno Gouveia (email) (Miranda Alliance / Fátima Freitas Advogados / Angola)

Guest Speaker: Adail Cardoso (email) (Miranda Alliance / Fátima Freitas Advogados / Angola)

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In this episode, we discuss the background on the DOL's April 2024 Rule, as well as recent developments on Friday, November 15th, 2024, from a federal district court in Texas, invalidating the entirety of the DOL's overtime final rule. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.

Host: Tara Stingley (email) (Cline Williams Wright Johnson & Oldfather, LLP)

Guest Speaker: Alex Grande (email) (Holland & Hart LLP)

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