News & Analysis as of September 19, 2024

Corporate Counsel

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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 +

NLRB Finds that Advocacy of Non-Employees is Protected Under the National Labor Relations Act

Foley & Lardner LLP on 9/12/2023

As we have observed several times this year, the National Labor Relations Board (NLRB or the “Board”), under the majority appointed by President Biden, has taken a number of actions to widely expand workers’ rights under...more

NLRB General Counsel Memorandum Reveals New Enforcement Strategy Affecting All Employers

Snell & Wilmer on 8/23/2021

In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers...more

NLRB Enforces Strict Requirements for Savings Clauses in Employee Arbitration Agreements

Payne & Fears on 8/12/2020

The National Labor Relations Board (“NLRB” or “Board”) has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which applies to...more

NLRB Retreats From Expansive Definition Of “Concerted Activities,” Gives Employers More Leeway

McCarter & English, LLP on 1/18/2019

The National Labor Relations Act (NLRA or the Act) gives employees in the private sector the right to form and join unions and to collectively bargain with employers. It also gives employees the right “to engage in other...more

“Civil” War At The Workplace: Enforcing Civility Rules In Light Of Federal Roadblocks

Fisher Phillips on 7/10/2017

Almost everyone would agree they prefer to work in a civil and respectful environment. Because of this, many employers have developed policies and training sessions to promote civil and respectful behavior in the workplace....more

NLRB: Nonunion Employees Do Not Have A Right To A Co-Worker’s Presence During Investigatory Interviews

Foley & Lardner LLP on 5/26/2017

As we have frequently reminded our readers, even non-unionized employers need to pay close attention to the National Labor Relations Board’s (NLRB) rulings and opinions as to employees’ rights under applicable labor law. For...more

Can a Single Employee Go On Strike Against a Non-Union Company?

Pullman & Comley - Labor, Employment and... on 12/7/2016

The short answer is “yes.” The National Labor Relations Act extends the same protections to employees of non-unionized employers as it does to union members. One of those protections is the right to engage in a strike,...more

The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

Pullman & Comley - Labor, Employment and... on 11/30/2016

The NLRB’s new focus on non-union employment has been well–chronicled here. Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations...more

Non-Union Employee’s “Bad Attitude” Protected by the NLRA

Sheppard Mullin Richter & Hampton LLP on 3/24/2016

As a reminder that non-union employees are also protected by the National Labor Relations Act (NLRA), the Seventh Circuit Court of Appeals in Chicago recently upheld a National Labor Relations Board (NLRB) decision holding...more

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

Holland & Knight LLP on 5/19/2015

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

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