The National Labor Relations Act Disclaimers

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

Social Media Legal Risks for Nonprofits: How to Successfully Navigate the Pitfalls

In this presentation: - How Does Social Media Work For You? - When Social Media Works Against You - Others’ IP - The Pinterest Question: “ But, What About Fair Use?” - Argh, so many...more

The Times They Are a-Changin’: What Employers Need to Know Now About Legislative Developments, NLRB Activities and the EEOC’s...

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

NLRB eyes non union workplaces

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

NLRB Provides New Guidance on At-Will Employment Provisions

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

NLRB Provides Guidance on At-Will Employment Disclaimers

At-will employment clauses in two employee handbooks did not violate employees’ rights under the National Labor Relations Act, according to advice memoranda issued last week by the National Labor Relations Board’s Acting...more

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

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

Recent NLRB Division of Advice Memoranda Regarding At-Will Disclaimers Helpful, but More Guidance Needed

We have updated clients about recent cases from the National Labor Relations Board (NLRB) that have invalidated employer at-will employment policies. ...more

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

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

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

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

NLRB Division, Some “At-Will” Clauses Ok

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

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

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 "I"s Have It: NLRB Says Don’t Shred Those At-Will Disclaimers Just Yet

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

NLRB Takes on At-Will Employment

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

Five Things To Know About Paid Sick Leave, NLRB and Other New Developments

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

Recent NLRB Positions Challenge Employer Conventional Wisdom

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

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

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

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

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

NLRB Extends Reach to Nonunion Workplaces

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

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

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

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

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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