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
Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of hindsight,...more
In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more
The Office of the General Counsel (GC) of the National Labor Relations Board (NLRB or Board) recently issued two advice memoranda that shed some light on the legality of employers’ “at-will” disclaimers in employee handbooks...more
The election is over, so now what? Elections have consequences, and the consequence of this election for employers' employment policies is breathtaking. Have an arbitration policy? It is likely unenforceable. Rules protecting...more
On October 31, 2012, the National Labor Relations Board (NLRB) Office of General Counsel (G. C.) issued two Advice Memoranda clarifying whether employment at-will language in an employee handbook, applications or other...more
Prompted by many inquiries from employers about recent significant developments in workplace laws, Lane Powell provides the following overview on the Marriage Equality Act and the recreational marijuana initiative passed by...more
My article entitled "NLRB eyes non union workplaces" discusses the NLRB's recent intrusion into non union workplaces. The NLRB is already limiting what employers can say in their social media policies. Now it is attempting to...more
On October 31, 2012, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued two advice memoranda addressing at-will provisions in employee handbooks. In both cases, the NLRB concluded that the...more
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
We have updated clients about recent cases from the National Labor Relations Board (NLRB) that have invalidated employer at-will employment policies. ...more
Executive Summary: Following recent attacks on the employment at-will doctrine by one of the NLRB's Regions, the Board has stepped its position back somewhat, issuing two Advice Memorandums through its Associate General...more
Most employment agreements in California are for at-will employment. This means that the employer can terminate the employee at any time, with or without cause, so long as termination is not for a reason otherwise unlawful...more
The Board’s excruciatingly close scrutiny of employer policies continues as the agency looks for opportunities to expand its juridiction by rooting out all evil lurking in handbooks and other written employment policies....more
Advice memoranda describe limits of potential challenges to at-will employment policies under the NLRA.
On October 31, the National Labor Relations Board's (NLRB's or Board's) Division of Advice issued two memoranda...more
The NLRB Office of General Counsel issues refreshing (surprising? relieving?) advice memoranda backing off the position that any at-will disclaimer violates the NLRA, and stating that it is willing to evaluate each on a...more
Executive Summary: During the past year, the National Labor Relations Board has begun chipping away at the employment at-will doctrine. Based on the activities of one of its regional offices, the Board appears intent on...more
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
At yesterday’s labor & employment law seminar, we had both Heidi Lane, a Prinicipal Attorney with the Connecticut Department of Labor, and Jonathan Kreisberg, Regional Director of the NLRB’s Hartford Office, speak to...more
The National Labor Relations Board (“NLRB”) has recently taken the position that two extremely common employer practices violate the rights of employees under Section 7 of the National Labor Relations Act (“NLRA”). Virtually...more
Many employers assume that, given their status as employers at-will, they are permitted to discipline and terminate employees for troublesome postings the employees make on Facebook, Twitter, and other social media. But this...more
The National Labor Relations Board (NLRB) has issued a number of recent opinions questioning and, in some instances, invalidating common employer practices and policies on the grounds of protecting employee rights under...more
Earlier this year, in D.R. Horton, Inc., 357 NLRB No. 184 (Jan. 6, 2012), the National Labor Relations Board (“Board” or “NLRB”) held that mandatory arbitration agreements requiring all employment disputes to be resolved...more
Recent editions of Foley’s Legal News: Employment Law Update have explained that all employers — even those without a unionized workforce — must take care to avoid unwittingly being subject to unfair labor practice charges...more
Recent cases challenge at-will employment, confidentiality, dispute resolution, and social media policies in nonunion workplaces.
Over the last few years, the National Labor Relations Board (NLRB) has taken more...more
Appearing before a state bar association recently, the National Labor Relations Board ("NLRB") acting General Counsel, Lafe Solomon, said that the agency will seek to strike down at-will provisions in employment handbooks as...more
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