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  • Top Five Labor Law Developments for November 2024 - Jackson Lewis

Top Five Labor Law Developments for November 2024 - Jackson Lewis

Tue, Dec 10, 2024 04:09 ET
in Press Release

  1. The National Labor Relations Board prohibited employers from holding mandatory “captive audience” meetings, overturning long-standing precedent. 373 NLRB No. 136 (Nov. 13, 2024). The decision prohibits employers from requiring employees to attend meetings where the employer expresses views on unionization, citing the coercive nature of such meetings. However, the decision provides a “safe harbor” for employers, allowing them to hold voluntary meetings if they inform employees reasonably in advance of the meeting that attendance is voluntary, failure to attend or leaving the meeting will not result in any adverse consequences, and the employer will not keep records of employee attendance. The new standard applies only to future cases, not retroactively. While some states have previously enacted broader laws restricting captive audience meetings, litigation is pending as to whether federal law preempts state laws on the matter.
  2. The Board established a new standard to determine the legality of employer statements about the general consequences of unionization. 373 NLRB No. 135 (Nov. 8, 2024). Under the prior standard, employer statements (such as those predicting the negative impact unionization will have on employees’ ability to directly address issues with their employer) were categorically lawful. Under the new standard, the Board will use a case-specific approach to determine if predictive statements are unlawfully coercive. Because the Board will more closely...


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