NLRA, Section 7, Administrative Law Judge (ALJ)

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

Seyfarth Shaw LLP on 7/19/2024

An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

Employee Handbooks Remain Under Board Attack

BakerHostetler on 6/21/2024

During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

Proskauer - Labor Relations Update on 2/23/2024

The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more

Another One: The NLRB Revives Standard That Employees Are Protected When Advocating for Nonemployees

Proskauer - Labor Relations Update on 9/5/2023

A slew of decisions that were pending before the National Labor Relations Board (“NLRB” or the “Board”) have been issued at the end of August, coming at the close of Member Wilcox’s term. In American Federation for Children,...more

NLRB Elevates Union Authorization Cards Over Secret-Ballot Elections to Compel Employers to Recognize Unions

Paul Hastings LLP on 9/5/2023

For more than 50 years, the National Labor Relations Board had held — with Supreme Court approval — that when a union claimed to represent an employer’s workforce, the employer could refuse to recognize the union, leaving the...more

NLRB limits employer opportunity to let employees vote on union representation

Constangy, Brooks, Smith & Prophete, LLP on 9/1/2023

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more

NLRB Adopts New Standard for Employer Work Rules

Manatt, Phelps & Phillips, LLP on 8/30/2023

The National Labor Relations Board (NLRB) has adopted a new standard for evaluating challenges to employer work rules as facially unlawful under Section 8(a)(1) of the National Labor Relations Act (NLRA), overruling a...more

Protected Protest: The National Labor Relations Board General Counsel’s Quest to Expand the Definition of “Inherently Concerted”...

Seyfarth Shaw LLP on 6/12/2023

Seyfarth Synopsis: Recently, an Administrative Law Judge (ALJ), issued a decision in two cases that create the opportunity for the National Labor Relations Act to have a more expansive view of what constitutes protected...more

New NLRB Decision Finds That Employer Severance Agreements Conditioned on Broad Non-Disparagement and Confidentiality Provisions...

Lippes Mathias LLP on 3/14/2023

On February 21, 2023, the Board issued a decision in McLaren Macomb, Case 07-CA-263041, ruling that broad non-disparagement and confidentiality provisions in an employee severance agreement are unlawful. This decision...more

OFCCP Week In Review: June 2022 #2

DirectEmployers Association on 6/13/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Decision Reminds Providers of Limits on Restricting Employee Communications with Media

Akerman LLP - Health Law Rx on 7/20/2021

Hospitals and medical groups that bar staff from communicating with the media should take another look at those prohibitions following a recent federal appellate decision finding such a policy unlawful under the National...more

Employers May Still Rely On Boeing, But For How Long?

Sherman & Howard L.L.C. on 5/19/2021

On May 3, 2021, the National Labor Relations Board (“NLRB” or the “Board”) found that the employer’s policy barring workers from recording conversations with their colleagues did not violate the National Labor Relations Act...more

Tesla and Musk Get a Shock from the NLRB – Tesla CEO Ordered to Delete Union Tweet and Eliminate Overly Broad Confidentiality...

Proskauer - Labor Relations Update on 4/2/2021

In its March 25 decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (“NLRA”) after prohibiting employees from talking to the media; (2) Tesla did not violate the Act by calling...more

NLRB Finds Social Media Policies Lawful, Sheds Light on Impact of Boeing

Proskauer - Labor Relations Update on 1/15/2021

As we have discussed before, several years ago, the Board instituted a significant paradigm shift in analyzing the lawfulness of employers’ handbook policies in relation to employees’ Section 7 rights, when it issued its...more

NLRB Holds that Leaflet Outlining Consequences for Threatening Workers Is Not Unlawful

Proskauer - Labor Relations Update on 12/28/2020

In adopting the ALJ’s Recommended Order in S&S Enterprises, LLC d/b/a Appalachian Heating, Case No. 09-CA-235304, the NLRB found that a leaflet distributed by the employer during union organizing efforts, which stated that it...more

Labor Board Confirms Employees’ Uniform Protest Is Protected Activity

Fisher Phillips on 11/18/2020

The National Labor Relations Board recently ruled that an employer could not discipline a group of protesting employees who reported to work in street clothes instead of their uniforms to draw attention to a uniform shortage....more

NLRB: Members Of Trade Group Are Not “Employees” Covered By The NLRA

Proskauer - Labor Relations Update on 9/24/2020

On September 11, 2020, a three-member National Labor Relations Board panel unanimously ruled that a trade group representing sign language interpreters did not violate Section 8(a)(1) of the Act by removing its members’ posts...more

The NLRB Redefines What Constitutes “Solicitation,” Thereby Broadening The Definition And Returning to Prior Board Precedent

Kilpatrick on 9/17/2020

The NLRB is at it again—with its decision in Wynn Las Vegas, LLC the Board has continued its practice of scaling back decisions of the Obama Board. In Wynn Las Vegas, the Board redefined “solicitation” to comport with prior...more

Speak No Evil: The NLRB Drops “Setting-Specific” Standards for Cases Involving Abusive Employee Speech Made in the Course of...

Pullman & Comley - Labor, Employment and... on 7/29/2020

The Trump-era National Labor Relations Board has struck again. On July 21, 2020 in General Motors LLC, 14-CA-197985, 369 NLRB No. 127 (2020), the NLRB overruled longstanding precedent and rejected “setting-specific”...more

Labor Board Approves Rules Allowing Company Search of Employee Vehicles and Employer Provided Electronic Devices

Franczek P.C. on 7/8/2020

In Verizon New York, Inc. (Verizon), the National Labor Relations Board (Board) recently found that a work rule reserving the right for the company to monitor and/or search personal property, and a rule permitting the company...more

NLRB Gives Green Light to Confidentiality Provisions in Individual Arbitration Agreements

Proskauer - Labor Relations Update on 6/23/2020

In many private arbitration agreements entered into in the non-union context, employers and employees agree that the proceedings shall remain confidential. On June 19, 2020, the Board addressed whether a confidentiality...more

Union’s Efforts to Scare Employees From Participating in Employer Investigations Rebuked by the Board

Proskauer - Labor Relations Update on 6/10/2020

On June 5, 2020, the NLRB held, in Teamsters Local Union No. 735-S (Bemis Co., Inc.), 369 NLRB No. 97, that union officials’ retaliatory actions against members who participated in an investigation resulting in the discharge...more

NLRB: Policy Prohibiting Personal Cell Phones in Work Areas Due to Safety Concerns May Be Lawful under Boeing

Proskauer - Labor Relations Update on 6/1/2020

As we previously suggested, the NLRB’s adoption of the Boeing standard for determining the lawfulness of employer’s workplace rules, policies and handbook provisions has provided significant fodder for interesting cases....more

Cell Phone Use on Hold in Manufacturing Plants After Recent NLRB Decision

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/29/2020

The National Labor Relations Board (NLRB) issued a supplemental decision on May 20, 2020, finding lawful a policy prohibiting employees from possessing or using their cell phones on the manufacturing floor or at their...more

NLRB Reaffirms Limitations on Employers’ Ability to Solicit Employee Assistance in Anti-Union Campaigning and Confidentiality...

Proskauer - Labor Relations Update on 4/15/2020

In maintaining business as usual as best it can amidst the ongoing COVID-19 crisis, the Board recently decided an issue concerning limitations on employer campaign tactics, and an employer’s limits in restricting discussions...more

The National Labor Relations Act › Section 7 › Administrative Law Judge (ALJ)

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