ALJ Section 7

News & Analysis as of

D.C. Circuit Court of Appeals May Limit the Board’s Standard for Evaluating Employers’ Confidentiality Policies

In Hyundai Am. Shipping v NLRB, No. 11-1351 (Nov. 6, 2015), the D.C. Circuit Court of Appeals recently enforced a Board order with respect to a work rule that prohibited employees from discussing matters under investigation...more

Concerted Activity or Insubordination?

With its recent decision in Central States SE and SW Areas, Health & Welfare and Pension Funds, 362 N.L.R.B. No. 155, 203 LRRM 2082 (August 4, 2015), the National Labor Relations Board (“NLRB” or “Board”) has provided another...more

Tinley Park Hotel and Convention Center: The NLRB Gets Out Its Selfie Stick

Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly broad” under Section 7...more

NLRB Declares “Conflict-of-Interest” Policy to be Unlawful on Its Face

In a controversial decision, the NLRB found that a conflict-of-interest policy in an employee handbook is unlawful on its face. This ruling could deem many current conflict-of-interest policies unenforceable, creating harsh...more

NLRB Overturns ALJ Decision; Finds Confidentiality Agreement Violated Employee Rights

On Feb. 24, 2015, the National Labor Relations Board (NLRB) held that a Washington transportation company’s Confidentiality Agreement violated the National Labor Relations Act (NLRA). The case was titled, Battle’s Transp.,...more

The NLRB Battle Continues Against Even the Most Basic of Employee Rules

The war on reason being waged by the National Labor Relations Board and its Administrative Law Judges against primarily non-union employers continues. From the decisions appearing almost weekly, it seems that a design exists...more

NLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration

In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if...more

Federal ALJ Says Ban on Voice Recording Does Not Violate NLRA

Many employers prohibit employees from recording conversations during working time. Employers believe that such recording inhibits or intimidates employees and managers from having frank and open discussions relating to work....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

NLRB Judge Rules on Confidentiality and Non-Disparagement Provisions

ALJ strikes down provisions in an employment agreement for violating the NLRA, finding they chilled employees' exercise of Section 7 rights. On January 8, an Administrative Law Judge (ALJ) for the National Labor...more

Legal Alert: NLRB Judge Finds Confidentiality And Non-Disparagement Provisions In Employment Agreement Violate NLRA

Employers who seek to protect their confidential business information and their reputations by requiring employees to sign employment agreements containing confidentiality and non-disparagement clauses may now face opposition...more

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more

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