The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.
Common Employment Law Mistakes for Small, Start-Up and Growing Companies
D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases
Employers must ensure that their email policies advise employees of the appropriate use of email. ...more
The brave new world of social media has given employers fresh terrain to navigate and potential minefields to avoid....more
The Fourth Circuit has become the second federal appeals court to strike down the National Labor Relations Board's rule requiring employers to post a notice of employee rights....more
Last Friday, the U.S. Court of Appeals for the Fourth Circuit became the second federal appeals court to invalidate the August 2011 National Labor Relations Board (NLRB) regulation requiring most employers to post notices of...more
In a resounding victory for employers across the nation, the Fourth Circuit Court of Appeals affirmed a recent decision of the U.S. District Court for the District of South Carolina, striking down the National Labor Relations...more
The National Labor Relations Board (NLRB) has ruled that an employee's emails and Facebook postings were protected under the National Labor Relations Act (Act) even though they were directed at employees of a different...more
Of the many actions by the NLRB during the last few years, one of the most contentious has been its attempt to require all private employers falling under its jurisdiction to post a notice informing employees of their rights...more
Both the Department of Labor and the National Labor Relations Board — in separate cases – just cited a recent Supreme Court decision as their trump card. See “High Court Ruling Hurts Case Against Poster Rule, NLRB Says,”...more
The National Labor Relations Board (NLRB or Board) continues its pursuit of employee handbooks and employment contracts in a series of recent decisions examining the lawfulness of confidentiality and alternative dispute...more
In National Association of Manufacturers v. NLRB, Case No. 12-5068 (D.C. Cir. May 7, 2013), the U.S. Court of Appeals for the District of Columbia decided that the National Labor Relations Board (NLRB) rule requiring union...more
The National Labor Relations Board (NLRB) recently handed down a series of decisions that challenged the fundamental tenet of the employee-employer relationship: at-will employment. This new affront came on the heels of a...more
The "Facebook Firing" cases continue with the NLRB deciding more often than not that employees fired for Facebook postings engaged in "protected concerted activity" under the National Labor Relations Act ("NLRA") and are...more
As we discussed with participants in our recent Labor and Employment Law Seminar, despite recent setbacks, the National Labor Relations Board continues to issue decisions that are concerning for employers....more
In National Labor Relations Board v. New Vista Nursing and Rehabilitation (--- F.3d ----, C.A.3, May 16, 2013), the United States Court of Appeals considered the validity of a ruling by the National Labor Relations Board...more
Earlier this month, we reported that the D.C. Circuit rejected the National Labor Relations Board’s (NLRB) “notice posting rule” that would have required nearly 6 million employers to conspicuously display the Board’s...more
Many non-unionized employers might be surprised to learn that they, too, are governed by the National Labor Relations Board (NLRB). In fact, in 2012, the NLRB launched a website directed at non-union employees, which details...more
Although the D.C. Circuit Court of Appeals' decision invalidating the Nation Labor Relations Board's (NLRB's) notice posting requirement means that private employers currently are relieved of this obligation, the ruling did...more
Under the National Labor Relations Act (NLRA), absent a few highly unusual situations, a non-employee union representative can be denied access to an employer’s property at any time. Workplace inspections conducted by OSHA...more
During the last several years, the National Labor Relations Board has taken an increasingly active stance in promoting unions and union organizing efforts. Yesterday, the U.S. Court of Appeals for the District of Columbia...more
On May 7, 2013, the D.C. Circuit vacated a National Labor Relations Board (“NLRB” or “Board”) rule that would require most private sector employers to display a poster informing employees of their rights under the National...more
In 2012, the National Labor Relations Board (NLRB) set the business community atwitter when an administrative law judge in American Red Cross decided that an at-will disclaimer in an employee handbook violated the National...more
On May 7, 2013, the U.S. Court of Appeals for the District of Columbia ruled in National Association of Manufacturers v. NLRB that the National Labor Relations Board’s rule requiring employers to post notices informing...more
Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC)...more
Recent decisions from the full National Labor Relations Board (NLRB) as well as an NLRB Administrative Law Judge (ALJ) highlight the fact that social media policies and employee communications remain on the agency's radar and...more
As Business Week reports this week, the US Court of Appeals for the District of Columbia struck down the poster requirement created by the National Labor Relations Board. ...more
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