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The National Labor Relations Board took the opportunity last week to double down on its recent reversal of the Purple Communications doctrine, holding that T-Mobile USA did not violate federal labor law by implementing a rule...more
The National Labor Relations Board (NLRB) closed 2019 with several decisions and rule changes that overturned recent board precedent and revived older, more employer-favorable standards. On December 16, 2019, the NLRB...more
December 2019 brought significant changes to the National Labor Relations Board (NLRB) case law and election procedures. The following highlights a few of those changes as we get into the new year and policy reviews get...more
Employers who revised their electronic communication policies under the National Labor Relations Board's (NLRB) Purple Communications standard may want to head back to the drawing board (again) in the new year. In Caesars...more
On December 16, 2019, the National Labor Relations Board (“NLRB”) issued a decision in Caesars Entertainment holding that businesses may restrict employees from using a company’s internal email systems for union and...more
The National Labor Relations Board (NLRB) issued a whirlwind series of rulings to cap off 2019. The NLRB typically issues many decisions near the end of a Board member's term, so this flurry comes as no surprise...more
Recent Changes to NLRB Guidance Regarding Employers’ Policies Involving Employee Communication - Two recent decisions by the National Labor Relations Board (NLRB) have significantly overturned earlier rulings regarding...more
In a pair of significant year-end rulings, the National Labor Relations Board overturned two Obama-era precedents that had restricted the ability of both unionized and non-unionized employers to limit the use of company email...more
This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into January 2020. The episode includes: 1. The Recalibration of Federal Agencies The year 2019 was the year of...more
Q: What is the current rule on whether an employee can use our company’s email system to distribute union material? Also, are we permitted to require employees to keep workplace investigations confidential without running...more
A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm: The National Labor Relations Board (NLRB) ended the year with a flurry of activity, including the relaxing of...more
Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more
The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are...more
Seyfarth Synopsis: The National Labor Relations Board, pushed out a number of noteworthy decisions early this week. The Board’s holiday rush coincided with the departure of its sole Democratic member, Lauren McFerran, who...more
The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more
On December 17, 2019, the National Labor Relations Board issued two decisions which dramatically overturn a pair of hotly debated Obama-era rules. The first sets down a rule allowing employers to limit an employee’s use of...more
Employers rejoice! The National Labor Relations Board (NLRB) released a string of rulings on Monday reversing three controversial Obama-era decisions. With these rulings, the NLRB returned to long-standing rules in areas of...more
On December 16, 2019, the National Labor Relations Board (NLRB) issued a major decision restoring employers’ property rights in the use of email and other IT resources. In Caesar’s Entertainment, the NLRB held that employees...more
The National Labor Relations Board decided Tuesday, December 17th, that employees have no statutory right to use an employer’s equipment, including work emails and IT resources. Therefore, employers may legally restrict the...more
In 2014, the NLRB held in Purple Communications that employers must allow their employees to use company email systems to engage in union activities and other protected conduct under the National Labor Relations Act. Last...more
The NLRB reversed the controversial holding in Purple Communications, which allowed employees to use their employer's e-mail system during non-working hours to engage in Section 7 protected discussions regarding wages, hours...more
On December 17, 2019, in a 3-1 decision split along party lines, the National Labor Relations Board (NLRB) restored to employers the right to restrict employees from using company email systems for nonbusiness purposes. The...more
Tis the season to be jolly, and the National Labor Relations Board (“NLRB” or “Board”) was in an especially giving mood for employers over this past week. In the span of five days, it reversed several Obama era...more
Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. In a decision involving a Las Vegas employer, the Board held...more
In Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, Case 28-CA-060841 (December 16, 2019), the National Labor Relations Board (NLRB) ruled that employees do not have a statutory right under the National Labor...more