642: NLRB Developments: Stay-or-Pay, Non-Competition and Moonlighting Provisions, Employer Communications During Organizing and What to Expect During the Trump Presidency

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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