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The National Labor Relations Act › At-Will Employment › Employee Handbooks

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 -
Burr & Forman

The state of at-will employment in South Carolina

Burr & Forman on

My articles usually analyze a particular case and the impact of the court's decision on the relationship between employers and employees. With the release of a number of decisions addressing employment at will earlier this...more

McGuireWoods LLP

Labor Relations Today: 2016 Year In Review

McGuireWoods LLP on

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Jaburg Wilk

The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

Jaburg Wilk on

Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that...more

Epstein Becker & Green

Act Now Advisory: Overbroad Handbook Policies May Constitute Unfair Labor Practices

Epstein Becker & Green on

At-will disclaimers in employee handbooks may provide protection from contract claims, but a recent decision by a National Labor Relations Board ("NLRB") Administrative Law Judge ("ALJ") serves to remind employers that the...more

Spilman Thomas & Battle, PLLC

The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers

Spilman Thomas & Battle, PLLC on

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

Pierce Atwood LLP

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

Pierce Atwood LLP on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Issues New Guidance on At-Will Disclaimers

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Bracewell LLP

NLRB Advice on Lawful Employment At Will Provisions Under the NLRA

Bracewell LLP on

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

McNees Wallace & Nurick LLC

NLRB Provides New Guidance on At-Will Employment Provisions

McNees Wallace & Nurick LLC on

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

Fisher Phillips

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

Fisher Phillips on

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

FordHarrison

Snap Back to Reality: NLRB Steps Back from the Ledge on Employment At Will

FordHarrison on

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

Constangy, Brooks, Smith & Prophete, LLP

A Halloween Treat for Employers? – NLRB's Acting General Counsel Issues Advice on At-Will Employment Statements

Constangy, Brooks, Smith & Prophete, LLP on

On Halloween, Lafe Solomon, Acting General Counsel for the National Labor Relations Board, issued two Advice Memoranda addressing whether employment-at-will statements in two employee handbooks violated Section 7 of the...more

Proskauer - Labor Relations

NLRB Division, Some “At-Will” Clauses Ok

Proskauer - Labor Relations on

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

Morgan Lewis

NLRB’s Division of Advice Finds Two At-Will Employment Policies Lawful

Morgan Lewis on

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

FordHarrison

NLRB Takes on At-Will Employment

FordHarrison on

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

Littler

Social Media Policies in the NLRB's Crosshairs

Littler on

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

Nexsen Pruet, PLLC

Employers Law Update - Employers Beware: NLRB Challenges Established HR Practices

Nexsen Pruet, PLLC on

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

Orrick - Employment Law and Litigation

Recent NLRB Decisions Challenge At-Will Disclaimers and May Impact HR Investigations

Orrick - Employment Law and Litigation on

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

Morgan Lewis

NLRB Extends Reach to Nonunion Workplaces

Morgan Lewis on

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

Polsinelli

Impact of Two Small Words Could be Significant: "At-Will" in the NLRB Cross-Hairs

Polsinelli on

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

Pullman & Comley, LLC

Guest Post: NLRB Acting General Counsel Addresses At-Will Disclaimers and More at CBA Annual Meeting

Pullman & Comley, LLC on

On Monday, the Connecticut Bar Association held its annual meeting. Lots of labor and employment law topics were covered, some of which I missed. I’ve asked one of my bar colleagues, Rita Trivedi — who will be a Teaching...more

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