News & Analysis as of

Confidential Information National Labor Relations Board

NLRB Takes Aim (Again) at Non-Unionized Employee Handbook

by Poyner Spruill LLP on

This month, NLRB Judge Robert A. Ringler struck down numerous policies (17 in total) in a non-unionized employee handbook, concluding that those policies all violated Sections 7 and/or 8 of the National Labor Relations Act....more

NLRB Restrictions on Employer Requests of Confidentiality in Workplace Investigations Remain After D.C. Circuit Decision

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeals for the D.C. Circuit affirmed in part and rejected in part the National Labor Relations Board’s Banner Estrella decision regarding an employer’s requirement of confidentiality during...more

The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

The NLRB’s new focus on non-union employment has been well–chronicled here. Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations...more

NLRB Continues to Click “Dislike” on Social Media Policies

by Foley & Lardner LLP on

As the National Labor Relations Board (NLRB) continues its assault on employer personnel policies, certain policies seem to be getting particular attention. Various recent NLRB opinions have imposed a number of limitations on...more

Winds of Change: the NLRB Challenges Confidentiality Agreements and The Obama Administration’s “Call to Action” to Prohibit...

by Buchalter on

This year, the federal government is challenging contractual provisions that regularly appear in private employment agreements. Both the National Labor Relations Board (“NLRB”) and the Obama administration have challenged the...more

The NLRB Continues To Go After Non-Union Employers in Industries it Has Historically Not Targeted

by Seyfarth Shaw LLP on

Seyfarth Summary: The relevance of the National Labor Relations Act to industries and business sectors that have not traditionally had to deal with its implications – such as hedge funds. The New York Times recently...more

Compensation and Benefits Insights – September 2016 #2

by King & Spalding on

Hardly Water Under the Bridge: NLRB, SEC, OSHA Mount Offensive Against Confidentiality Agreements - A recent New York Times story shed light on complaints by an employee of Bridgewater Associates, a $154 billion hedge...more

Companies Should Review Employee Agreements and Policies Following SEC's Aggressive Stance on Impediments to Whistleblowing

In two recently announced settlements, the U.S. Securities and Exchange Commission (SEC) adopted a strict interpretation of the whistleblower protections afforded under the Dodd-Frank Wall Street Reform and Consumer...more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

by Littler on

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

Special Report: The NLRB’s Complaint Against Bridgewater and What It Means for Investment Managers

Key Points - - The National Labor Relations Board has filed a complaint against Bridgewater Associates, challenging contractual provisions of a type that are commonplace at hedge funds and private equity firms. ...more

Employment Agreements: Current Issues

by Zelle LLP on

Employment agreements are not unusual, particularly for managers and executives. As new laws come into existence and as the work environment is changed by data and data security, drafting adequate, enforceable agreements can...more

A Call For Harmony Between The EEOC And NLRB’s Rules Concerning Prevention And Investigation Of Workplace Harassment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC’s Select Task Force on the Study of Harassment in the Workplace offers insight into how employers’ harassment prevention policies can change for the better and, in furtherance of this desire for...more

Unionized Employers, Take Note: E-Verify Is a Minefield

by Faegre Baker Daniels on

On May 13, 2016, a National Labor Relations Board (NLRB) judge ordered The Ruprecht Company, a meat processor and food manufacturer, to provide confidential immigration documents to the union and to rescind its participation...more

Restrictive Covenants: Do Yours Meet a Changing Landscape?

by Epstein Becker & Green on

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,...more

Contractors: Do You Have a Cell Phone Policy? Is It Time for an Upgrade?

by Burr & Forman on

Smart phones and tablets are now commonplace on the construction job site.  Are your cell phone policies as outdated as the original the flip phones that you issued to your employees? Do you even have a cell phone policy?...more

Burr Alert: Is it Time to "Upgrade" your Cell Phone Policies?

by Burr & Forman on

Are your cell phone policies as outdated as your original iPhone? Cell phones have become common place in today’s workplace and employers must consider the legal risks they pose. Thus, if you haven’t revisited your policies...more

Are You on Candid Camera? The NLRB Just Made It More Difficult to Ban the Use of Recording Devices in the Workplace

On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that it is unlawful for an employer to adopt a work...more

Employers Should Take Care When Prohibiting Workplace Recordings

by Foley & Lardner LLP on

A number of years ago, one of the nation’s largest grocery stores banned its employees from recording workplace conversations, images, or meetings without prior management approval or consent by all parties to a conversation....more

NLRB Case Explains Agency's Position on Confidential Information Policies

Many, if not most employers maintain policies regarding disclosure by employees of confidential business information. Sometimes these policies appear in employee handbooks, and sometimes employees are required to sign...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

And The Beat Goes On… The NLRB's Attack on Confidentiality Continues

by Fisher Phillips on

Many employers believe they have the absolute right to prohibit their workers from disclosing “confidential” information to coworkers and third parties. They are dead wrong. The National Labor Relations Board (NLRB) has...more

An Emboldened Labor Board Continues to Expand Union and Employee Protections

by Williams Mullen on

With a series of significant new rules and opinions, the first three quarters of 2015 have proven to be very active for the National Labor Relations Board (the “Board”). Increasingly, the Board has sought to expand the rights...more

An Emboldened Labor Board Continues to Expand Union and Employee Protections

by Williams Mullen on

With a series of significant new rules and opinions, the first three quarters of 2015 have proven to be very active for the National Labor Relations Board (the “Board”). Increasingly, the Board has sought to expand the rights...more

NLRB Expands Joint-Employer Standard: Exercising Direct Control No Longer Required

by Reed Smith on

The National Labor Relations Board (“NLRB”) overturned decades-old precedent by vastly expanding its definition of “joint employer,” upending established federal labor law and creating tremendous uncertainty for companies....more

The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

by Jaburg Wilk on

Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that...more

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