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NLRB’s Latest Guidance Supports Employer Decisions Amidst Pandemic

8.19.20

Addressing the issue for the first time since the pandemic, the National Labor Relations Board recently released a series of advice memoranda instructing its Regional offices to dismiss various COVID-19 related charges against employers. The agency dismissed all of the underlying charges, further demonstrating its recent tendency to extend a degree of latitude to employers confronting virus-related challenges. Within these five August 13 memoranda, the Board concluded:

Back on March 27, the NLRB’s General Counsel issued a memorandum summarizing case authority upholding an employer’s right to unilaterally implement operational changes against the backdrop of “compelling economic exigencies.” This latest quintet of NLRB Advice Memoranda marks another step in the direction of increased latitude for unionized employers confronting the unique business challenges brought about by COVID-19 and may offer welcome relief to non-union employers as well. 

Employers are encouraged to continue monitoring COVID-19 developments emanating from this agency over the weeks and months to come, and to consult with their Fisher Phillips counsel or any member of the firm’s Labor Relations Group for insights into the implications on their own operations in the meantime. Make sure you are subscribed to Fisher Phillips’ Alert System to get the most up-to-date information. For further information, contact your Fisher Phillips attorney, the authors, or any attorney in our Labor Relations Practice Group.


This Legal Alert provides an overview of a specific developing situation. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

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