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Second Circuit Upholds NLRB Whole Foods Decision Allowing Employee Recording in the Workplace

With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from...more

Supreme Court Invalidates Action taken by Former NLRB General Counsel

The National Labor Relations Board’s General Counsel is an important position. The General Counsel is, among other things, the NLRB’s chief prosecutor and sets the Agency’s prosecutorial agenda. The GC is appointed by the...more

NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship...

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University. ...more

NLRB Permits Off-Duty Employees to Picket on Employer Property

An employer’s ability to prohibit picketing on its property was dealt a serious blow when the National Labor Relations Board (NLRB) recently ruled in Capital Medical Center that an acute care hospital violated Section 8(a)(1)...more

The NLRB Opens the Door to Union Organizing Among Teaching Assistants and Other Student Assistants at Private Colleges and...

In what will come as no surprise to even the most casual labor law observer, yesterday the National Labor Relations Board jettisoned established precedent and granted teaching assistants and other student assistants at...more

Adventures in Buttonland: NLRB Rejects Employer Attempts to Ban Buttons at Work

Two recent cases, one from the National Labor Relations Board, and one from a federal court of appeals enforcing an NLRB decision, highlight the risk an employer runs when it seeks to prohibit its employees from wearing...more

Federal District Court in Texas Blocks New DOL Persuader Rule

Last week, we reported that a federal district court in Minnesota determined that the new Department of Labor (DOL) persuader rule likely is unenforceable because it conflicts with the Labor Management Reporting and...more

Federal District Court in Minnesota Finds Merit in Challenge to DOL Persuader Rule, But Denies Request to Enjoin Implementation

As we reported earlier, the new Department of Labor (DOL) “Persuader Rule” dramatically expands reporting obligations for consultants and attorneys who provide certain services to employers related to persuading employees on...more

Seventh Circuit Creates Circuit Split on Arbitration Agreements that Prohibit Class or Collective Wage and Hour Claims

Recently, the Seventh Circuit Court of Appeals in Chicago held in Lewis v. Epic Systems Corporation that a mandatory agreement between the employer (Epic) and its employees requiring arbitration of wage and hour claims on an...more

Department of Labor Publishes Long-Awaited “Persuader” Final Rule

On March 24, the Department of Labor published its long-awaited revisions to its regulations regarding the “persuader” reporting requirement under Section 203 of the Labor Management Reporting and Disclosure Act (LMRDA). As...more

Seventh Circuit Court of Appeals Defers to NLRB: Employer Unlawfully Discharged Employee for Brief Refusal to Work

In Staffing Network Holdings, LLC v. NLRB, the Seventh Circuit Court of Appeals in Chicago recently upheld the National Labor Relations Board’s decision that an employer unlawfully fired an employee who briefly refused to...more

A Break From The Trend? NLRB Regional Director Finds Carroll College Exempt From Board Jurisdiction Under Pacific Lutheran

Union organizing directed at religious college and university faculties has gained momentum since the National Labor Relations Board (“Board”) issued its decision in Pacific Lutheran University (“PLU”) in 2014. In PLU, the...more

U.S. Department of Labor Pushes “Persuader Rules” to Final Approval Stage

Last week, the Department of Labor (“DOL”) forwarded long-delayed revisions to its “persuader rules” to the Office of Management and Budget – a key final step before the new rule takes effect. The DOL hopes to have the...more

The mountain that is Specialty Healthcare: Volkswagen case typifies employers’ steep climb in NLRB unit determination cases

In its 2011 Specialty Healthcare decision, the National Labor Relations Board revised the test it applies in determining whether a union’s petitioned-for unit is appropriate. In Specialty Healthcare, the NLRB explained that...more

NLRB Election Rules Update: Employers must exercise due diligence in searching for and disclosing “available” voter contact...

In April of this year, the National Labor Relations Board’s new expedited election rules went into effect. Under the new rules, employers are required to provide unions with “available” personal e-mail addresses and personal...more

NLRB Administrative Law Judge Rules that Employer Unlawfully Discharged Employee Who Warned Co-Worker of Looming Discharge

Recently, an Administrative Law Judge (ALJ) with the National Labor Relations Board found that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee for informing a co-worker that the...more

Court of Appeals Rebukes NLRB: “Common Sense” Allows Employer to Prohibit Employees from Wearing “Prison Shirts”

Eschewing legal niceties in favor of common sense, the U.S. Court of Appeals for the District of Columbia Circuit recently ruled that AT&T did not violate federal labor law when it prohibited its employees from wearing...more

NLRB Overrules Precedent; Allows Unions Easy Access to Employee Witness Statements

For nearly 40 years, the National Labor Relations Board has followed a bright-line rule pursuant to which an employer is privileged to withhold witness statements from unions. In its 1978 Anheuser-Busch Inc. decision, the...more

NLRB’s “Quickie Election” Rules Survive Court Challenge

On Monday, a federal court in Texas rejected a challenge to the NLRB’s final rules regarding representation elections, finding the rules do not violate the National Labor Relations Act (NLRA) or the Administrative Procedures...more

Time for a Change? NLRB to Review Multi-Employer Bargaining Unit Rules

Employers routinely supplement their regular workforces with temporary employees supplied by another employer, typically a staffing agency. Under current National Labor Relations Board law, a union can organize a bargaining...more

NLRB Continues to Expand Employee Protections Under Federal Labor Law

In Sabo, Inc. the National Labor Relations Board (Board) found that the employer, a vending machine company, violated the National Labor Relations Act (NLRA) when it fired an employee who had expressed concerns about job...more

NLRB Punishes Employer for Past Unlawful Handbook Policies Despite Employer’s Attempt to Repudiate

In Boch Imports, Inc., the National Labor Relations Board (NLRB) found that the employer, a car dealership, violated the National Labor Relations Act because the dealership’s social media and dress code policies were...more

Are You Ready? NLRB Ambush Election Rule Effective Today

Tuesday, the National Labor Relation Board’s new “quickie” or “ambush” election rule takes effect and alters nearly every stage of the Board’s representation election procedures. Although legal challenges to the rule are...more

NLRB Finds Employee’s Extremely Profane Facebook Post was Protected Concerted Activity

The National Labor Relations Board recently demonstrated how far it will go to protect employees in the name of protected concerted activity. In Pier Sixty, LLC, an employee took to Facebook to call his manager a...more

NLRB Offers Guidance on Employer Handbook Policies

Over the past several years, employers have struggled to reconcile handbook and other personnel policies with decisions of the National Labor Relations Board. Drawing lines more nice than obvious, the NLRB has invalidated...more

3/24/2015  /  Employee Handbooks , New Guidance , NLRA , NLRB
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