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NLRB Changes Standard for Determining Joint Employer Status

The NLRB has issued a landmark decision changing its current standard for assessing “joint employer” status in both unionized and non-union workplaces. This is significant, because, even if the company is not the actual...more

The NLRB Expands Its Reach in the Non-Union Workplace

The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of...more

NLRB Rules That Employers Must Permit Non-Business Use of Email

The National Labor Relations Board, in a 3-2 decision, has held that employee use of email for activities directed to terms and conditions of employment must presumptively be permitted by employers who have given employees...more

The NLRB Invades The Non-Union Workplace

Employers beware! Although the Board's attempt to require employers to post a notice of employees' federal rights has been defeated, the agency remains active in its regulation of the non-union workplace. The Board now has...more

3/20/2014  /  NLRA , NLRB , Unions

NLRB Has Full Complement Of Board Members

The Senate confirmed all five of the President's nominees to serve as National Labor Relations Board (the "Board") members on July 30, 2013. ...more

Employers Must Examine Their Employee Agreements For Compliance With The National Labor Relations Act

Recently, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) issued a decision in Quicken Loans, Inc., which found confidentiality and non-disparagement provisions to be unlawful under the...more

Recess Appointments To Board Invalid - Summary Of Affected Decisions

The United States Court of Appeals for the District of Columbia Circuit issued an order on January 25, 2013, which struck, as unconstitutional, President Obama's recess appointments to the National Labor Relations Board...more

NLRB Acting General Counsel Issues Second Social Media Report

On January 25, 2012, NLRB Acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office. The Memorandum covers 14 cases, half of which involve questions about employer...more

2/21/2012  /  Facebook , NLRB , Social Media Policy

Waiver Of Right To Bring Class Or Collective Actions May Violate Federal Labor Law

The National Labor Relations Board has ruled that it is a violation of federal labor law to require employees to sign arbitration agreements that prevent them from joining together to pursue employment-related legal claims in...more

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