Ogletree Deakins

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door for unions to hold employers hostage by dragging out collective bargaining. Quick Hits Management rights clauses that do not explicitly state they survive contract expiration will not survive contract expiration and cannot be…

  Employers often go to great lengths to protect company documents and communications concerning and discussing confidential trade secret information. But what happens when employees leave, bring a whistleblower claim, and the employer learns they have sent themselves numerous confidential communications containing trade secret information? What about when an employee later attempts to introduce those documents as evidence in a subsequent whistleblower lawsuit? Unfortunately, employers often have limited options in…