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NLRB Adopts Tough New Standard for Workplace Rules

On August 2, 2023, in Stericycle, Inc., 372 NLRB No. 113 (2023), the National Labor Relations Board adopted a strict new legal standard for evaluating the validity of workplace rules under the National Labor Relations Act...more

Third Try’s the Charm? National Labor Relations Board (Again) Narrows Definition of “Independent Contractor” Under the National...

On June 13, 2023, the National Labor Relations Board (“NLRB” or “the Board”) issued its long-awaited decision in The Atlanta Opera, in which it overturned prior law (SuperShuttle DFW, Inc.) and reinstated a narrower test for...more

Are You Prepared for the Return of the War on Employee Handbooks?

The National Labor Relations Act governs what most private-sector employers can say and do with respect to employee “concerted” or group activities, whether they are represented by a union or not. ...more

Protecting The Employer’s Internal Personnel Information After The Boeing Co.

Employees have a broad legal right to communicate with one another about wages, benefits, and other employment terms. To effectuate this broad right, the National Labor Relations Board has required employers to exclude such...more

Employers’ Duty to Bargain Over Union COVID-19 Proposals During the Term of a Collective Bargaining Agreement

Whether and how to respond to union proposals and requests to bargain are among the important questions employers face when confronting the many health, safety and economic threats posed by the COVID-19 pandemic....more

NLRB Majority Curtails Review of Many Common Work Rules

On October 10, 2019, the National Labor Relations Board issued an important decision in LA Specialty Produce Co., 368 NLRB No. 93 (2019).  In its first ruling applying the standard established in The Boeing Co., 365 NLRB No....more

Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

The NLRB Expands the Use of Confidentiality Rules in The Boeing Co.

As most employers are aware, the National Labor Relations Board’s decision in The Boeing Co., 365 NLRB No. 154 (2017), established a new standard that significantly broadens the scope of rules, policies, and handbook...more

Enforcing Civility: The Board's New Boeing Standard Influences a Range of Policies Promoting Positive Workplaces for Employers and...

In The Boeing Co., 365 NLRB No. 154 (2017), the Board approved the maintenance of rules promoting “harmonious interactions and relationships,” and requiring civility in the workplace, as categorically lawful. ...more

NLRB General Counsel Issues Guidance Regarding Handbook Rules

On June 6, 2018, NLRB General Counsel Peter Robb issued a lengthy 20-page Memorandum (GC 18-04) providing detailed guidance regarding enforcement of “Handbook Rules Post-Boeing.”...more

New NLRB Majority Calls off the War on Employee Handbooks

On December 14, 2017, the National Labor Relations Board issued an important decision in The Boeing Co., 365 NLRB No. 154 (2017), where the Board’s new three-member majority established a new standard for evaluating the...more

NLRB Operations Memo Instructs Regional Offices to Seek Settlements to Address Budget Deficit

On March 9, 2016, the Office of the General Counsel issued an operations memorandum (OM-16-09) to the NLRB’s regional offices directing them to implement cost-saving measures to address a significant budget deficit facing the...more

NLRB General Counsel Issues Report Concerning Legality of Common Employer Rules

On March 18, 2015, NLRB General Counsel Richard Griffin issued a Report Concerning Employer Rules, in a stated effort to provide guidance on the intersection of employer rules and the National Labor Relations Act (NLRA). ...more

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