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It takes two to tango, but the National Labor Relations Board (“Board”) reaffirmed that it might only take one to engage in protected concerted activity.

The drumbeat of opposition to non-compete agreements is getting even louder, as New York is now poised to enact a law that, if passed, would create sweeping prohibitions against non-competes in that state.

While employers wait to see whether, and to what extent, the Federal Trade Commission enacts its proposed rule banning non-competes, the Office of the General Counsel for the National Labor Relations Board (the “NLRB”) has joined the fray, denouncing the legality of restrictive covenants.

Employers (hopefully) are aware that their employees are afforded certain rights under the National Labor Relations Act (the “NLRA” or “Act”), including the right to self-organization, to bargain collectively, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Consider the following scenario: Your company uses a contractor staffing company to perform cleaning and maintenance tasks at one of its facilities.

Every year, April brings surprises for the unwary — typically in the form of an April fool’s joke.

When unions seek to organize a group of employees, they often prefer to target a particular group or groups of employees in job classifications that they are confident will vote in favor of unionizing, as opposed to trying to persuade a much larger group.

Proponents of organized labor were presumably pleased when Joe Biden was elected to be the 46^th President of the United States, and with good reason.

Even a week removed from Thanksgiving, I can’t stop thinking about my Gramma’s Watergate Salad, an unusual (but somehow traditional) green gelatinous holiday dish that features a mixture of pistachio pudding, canned pineapple, whipped topping, crushed pecans, and marshmallows.

We all know that April showers bring May flowers, but this year April showers might have also brought more unions. Last week, President Biden, through an executive order, created the Task Force on Worker Organizing and Empowerment (the “Task Force”).

On February 4, 2021, the Protecting the Right to Organize Act (the “PRO Act”) was reintroduced by Democrats in the United States House of Representatives. If enacted, the PRO Act would dramatically transform American labor relations by giving unions much more power.

The National Labor Relations Board (“NLRB” or “Board”) will likely be singing a different tune in the not too distant future, thanks in part to new leadership and a game or two of musical chairs.