News & Analysis as of September 18, 2024

Non-Union

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

The Pendulum Swings Back: NLRB Targets Neutral Work Rules in Reversal of Prior Ruling

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/6/2023

Think over the policies in your handbooks. Do you have one that requires workplace civility (“thou shalt not be disrespectful or insubordinate to thine co-workers or supervisors”)? Or one that requires that employees keep...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

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 7/10/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...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

NLRB Discounts Use of Handbook Disclaimers to Avoid Interference Claims

Parker Poe Adams & Bernstein LLP on 5/5/2014

Over the past year, EmployNews has reported a growing series of decisions by the National Labor Relations Board calling into question the use of common employee handbook policies by non-unionized employers. These decisions...more

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

Pierce Atwood LLP on 2/12/2013

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

NLRB’s Actions in 2012 Highlight Critical Labor Issues for Nonunion Employers

Holland & Knight LLP on 1/16/2013

In 2012, the National Labor Relations Board (NLRB or Board) aggressively staked out positions on employment policies and practices prevalent in both union and nonunion workplaces. These issues include social media policies...more

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

Fisher Phillips on 11/7/2012

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

NLRB Strikes Down Employee Handbook Language and Issues First Social Media Decision

Morgan Lewis on 10/3/2012

Continuing its aggressive foray into nonunion workplaces, the NLRB has weighed in on social media and employee handbook issues, finding certain language to be unlawful under Section 8(a)(1) of the National Labor Relations...more

NLRB Extends Reach to Nonunion Workplaces

Morgan Lewis on 8/16/2012

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

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