The National Labor Relations Act

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... 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.  less -
News & Analysis as of

Labor Department Nominee’s Opinions as National Labor Relations Board Member

R. Alexander Acosta, President Donald Trump’s nominee as the next Secretary of Labor, served on the National Labor Relations Board from December 17, 2002, to August 21, 2003. He was confirmed by the United States Senate on...more

OFCCP Issues Updated “Pay Transparency” Notices

Although the Office of Federal Contract Compliance Programs has not announced a requirement that contractors update their Pay Transparency Nondiscrimination Provision, the agency has updated its required posters and...more

NLRB Finds Employee’s Facebook Posts Critical of Union Protected

Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a union member’s criticisms on Facebook of the union that represented him were protected by the NLRA. On February 7, 2017, in Laborers’ International Union of...more

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent decisions in California—one administrative and one in the 9th Circuit—recently...more

Waiting for Gorsuch: SCOTUS Kicks Important Class-Action Waiver Case to Next Term

Last week, the United States Supreme Court informed litigants in Epic Systems Corp. v. Lewis that it is pushing the case to its October 2017 term. The lawsuit, which rose up through the Western District of Wisconsin and the...more

Strike4Democracy’s National Day of Action and the Impact on the Workplace

In a protest against President Trump’s immigration policies and plans, organizers around the country are coordinating a national protest day set for Friday, February 17th — encouraging workers to “walk out” or “don’t work” if...more

‘A Day Without Immigrants’ National Strike Planned – What Can Employers Do?

Activists throughout the U.S., but focused in Washington, D.C., are planning a protest that exhorts employees not to report to work on February 16, 2017, as one measure to demonstrate what a “Day Without Immigrants” can mean...more

Employer’s Interview Of Employees During Defense Of Unfair Labor Practice Violates Act, NLRB Rules

We already know that when it comes to the NLRB there already are several actions an employer can take that violate the NLRA, even though such actions would be perfectly acceptable under any other employment law. And...more

Protests Move North of the Border? Canadian Employers Responses to a National General Strike

On February 17, 2017, activists opposing the new administration are planning a national general strike, including protests and work stoppages. In light of the growing support for the strike, U.S employers face questions...more

New York DOL Adopts Regulations Governing Employment Policies that Limit Employee Discussion of Wages

The New York State Department of Labor has adopted regulations clarifying employers’ rights and obligations when implementing policies that limit the discussion of wages in the workplace. Under New York Labor Law section...more

Q And A About Employee “Political Protest” Strikes

We reported yesterday on the immigrant strikes expected nationwide today and tomorrow, and whether the strikers are protected under the National Labor Relations Act. Here is a more in-depth look at the issue. Q-This week...more

What Employers Need To Know About The "Day Without Immigrants" Walkout

Employee walkouts and protests are anticipated across the country on Thursday, February 16, and Friday, February 17, as immigrants and others disappointed by the Trump administration’s position with respect to immigration...more

Uber Rolls Along, Despite Driver Challenges to its Arbitration Agreement

Companies operating in the “on-demand” or “gig economy” have enjoyed tremendous success in recent years, as emerging technologies and shifts in consumer tastes have buoyed their growth. These companies span a cross-section of...more

If Your Employees Strike Against Trump, What Do You Do?

A day without immigrants: That is how organizers on social media describe plans for a nationwide strike threatened for February 16 and/or 17, 2017. If your employees join in this nationwide effort, you should consider three...more

How Employers Should Respond To Tomorrow's Immigrant Strike

Many of you may have already heard of a potential national immigration protest scheduled for tomorrow, Thursday, February 16. Immigrant employees and students are being encouraged to stay home, immigrant-owned business to...more

Employees, Political Advocacy and the NLRB – What Can an Employer Do?

In the first few weeks of the Trump Presidency, there have been numerous marches, protests and other forms of political advocacy expressing views both in support of and in opposition to the President’s various appointments,...more

Are Class Action Waivers Enforceable?

The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic...more

Wait . . . Can They Do This? Employers’ Responses to a National General Strike

What began as a rumor has now become a real possibility for significant grassroots action. Activists who oppose President Trump have called for a national general strike on Friday, February 17, 2017. ...more

Will the New Administration Trump Columbia University?

GOP Reacts Swiftly to NLRB General Counsel’s Memorandum Regarding the Status of Division I Scholarship Football Players at Private Universities - In a memorandum dated January 31, 2017, National Labor Relations Board...more

Disciplining February 17 General Strikers May Cause Problems for Employers

Organizers have called for a National General Strike Against the Policies of President Trump on February 17. Many of our clients are asking what their rights are in the event some of their employees choose to participate....more

Worth the Wait?: SCOTUS to Hear Argument on Enforceability of Class Action Waivers in Employment Contracts in 2017 Term

As we previously reported, the Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the...more

“Right-to-Work” Momentum Building in 2017

In the early months of 2017, right-to-work legislation continues to garner significant attention as a number of states explore legislation. In early January, Kentucky passed legislation prohibiting employers from entering...more

Missouri Has Become the 28th Right-to-Work State

On February 6, 2017, the newly elected GOP Governor Eric Greitens, signed into law a right-to-work (RTW) bill that passed the state’s Republican-controlled state legislature....more

Supreme Court to Hear Class-Action Waiver Arguments in its October 2017 Term

As our regular readers already know, the Supreme Court is poised to decide one of the most contentious issues facing the wage-and-hour world—namely, whether class- and collective-action waivers render workplace arbitration...more

NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship...

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University. ...more

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