News & Analysis as of

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

NLRB’s Fine-Toothed Comb Approach Invalidates More Employer Handbooks and Policies

Social media and other employer policies continue to draw close scrutiny from the National Labor Relations Board (NLRB). Recently, the NLRB issued its first binding decision involving employees’ rights under a common social...more

Social Media Policies in the NLRB's Crosshairs

Between the summer of 2011 and the spring of 2012, the Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon, published three Advice Memos that expressed his views on the application of the...more

NLRB Finds That Employer Lawfully Fired Employee Over Facebook Posts, But Its Courtesy Policy Violated The NLRA

On October 1, 2012, the National Labor Relations Board (NLRB) issued another decision addressing the intersection between the National Labor Relations Act (the Act), social media, and handbook policies prohibiting...more

NLRB Strikes Down Employee Handbook Language and Issues First Social Media Decision

Continuing its aggressive foray into nonunion workplaces, the NLRB has weighed in on social media and employee handbook issues, finding certain language to be unlawful under Section 8(a)(1) of the National Labor Relations...more

NLRB Strikes Down Overbroad Rules, Nixes Social Media Policy

A recent decision from the NLRB illustrates the importance of carefully reviewing your work rules and policies to assure that the mere maintenance of a rule does not end up being an unfair labor practice. In Costco Wholesale...more

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