National Labor Relations Board The National Labor Relations Act

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... more +
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 -
News & Analysis as of

NLRB Modifies Standard Remedial Notice to Include QR Code and Link to Board's Web Site

The National Labor Relations Board recently took the opportunity, in a case dating back to 2011, to update and modernize some of the standard language contained in the remedial notice that the Board requires to be posted as a...more

Employers, Take Your Heads Out of the Sand when it Comes to Social Media…

If it’s not mandatory or poses a threat to the very existence of an organization and its economic survival, employers will keep their heads in the sand pleading ignorance, while remaining apathetic. It’s kind of like my...more

Guidance for Employers Regarding Ebola

On September 30, 2014, the Centers for Disease Control and Prevention (CDC) confirmed the first travel-associated case of Ebola to be diagnosed in the United States. The patient died of Ebola on October 8. More recently, on...more

The Dawn of "Micro-Unions": A Scary Proposition for Employers

Unions can be difficult enough to manage, even for experienced employers. Imagine taking your workforce of 100 employees and dividing them up into 10 different collective bargaining units… represented by 10 different...more

September 2014 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are the crescendo of cases finding against FedEx Ground’s classification of drivers as independent contractors. On the heels of last month’s decision by the U.S. Court of Appeals for the...more

Employers Who Prohibit Use of Company Technology for Non-Business Purposes Have Dodged a Bullet—For Now.

The NLRB marked the end of summer by issuing its highly anticipated decision in Purple Communications, which many believed would address whether employers can continue to ban use of company equipment and technology,...more

FedEx Hit with Avalanche of Independent Contractor Misclassification Rulings

In the past week, the Supreme Court of Kansas and the National Labor Relations Board have issued lengthy, comprehensive opinions finding that FedEx misclassified its Home Delivery and Ground Division drivers as independent...more

NLRB Refines Test for Determining Independent Contractor Status Versus Employee Status

The National Labor Relations Board has published a decision (FedEx Home Delivery, 361 NLRB No. 55) holding FedEx delivery drivers to be employees under the National Labor Relations Act instead of independent contractors. This...more

NLRB Refines Its Test for Independent Contractor Status

The National Labor Relations Board, with one member dissenting, has issued a decision in which it “refines” the test it uses for determining whether it will find individuals performing services for an employer to be...more

Ohio Supreme Court Signals Possible Change to Individual Discrimination Liability for Private-Sector Employees

The Ohio Supreme Court recently held that public employees are not personally liable under certain Ohio anti-discrimination laws, but their actions may subject their political-subdivision employers to vicarious liability....more

NLRB Declines to Revisit Employee Use of Company Email Systems . . . For Now

Under current National Labor Relations Board (NLRB) law, employees do not have a statutory right to use their employers’ email systems for union organizing or for other purposes. Email systems remain employer property for...more

NLRB Still “Likes” Expansive Employee Speech

Unlike many issues, it seems that at least one issue (so far) has the NLRB on the same page as a recent court decision: whether clicking “like” on Facebook amounts to substantive, protectable speech. In my earlier blog posts...more

NLRB Sidesteps Register-Guard; Still Orders New Elections in Purple Communications

Late last week, the NLRB issued its highly anticipated decision in Purple Communications, 21-CA-095151, which many NLRB observers believed would re-visit whether or not employers may prohibit their employees from using...more

Joint Employers Under NLRB Law

A. Introduction - Over the last few weeks, there has been a great deal of discussion in the legal media regarding the National Labor Relations Board (NLRB or Board) General Counsel’s (GC) argument to the Board, that...more

Employment Law Summer Recap 2014: Part 10 of 11 – Derek Jeter and Big Macs: What Will Happen to Their Franchises Now?

Sadly, for this writer, Yankee legend Derek Jeter’s playing days have come to a close. This summer we were able to watch the Captain and five-time World Series Champion take the final swings of his illustrious career where he...more

Restaurant Industry Newsletter - September 2014

Restaurant Franchisors Targeted by NLRB and DOL for Claims They are Joint Employers of Franchisees' Employees- Restaurant franchisors are facing efforts from both the National Labor Relations Board (NLRB) and the U.S....more

NLRB Pushing for a Joint Employer Liability Model for Franchisors?

In a move that has caused great concern in the franchising industry, in pending cases filed by employees against McDonald's franchisees, the National Labor Relations Board (NLRB) has authorized the filing of complaints...more

Inside or Outside? How to Best Perform Your Company’s Social Media Background Check

No employer wants its employee’s bad behavior at work to become the next viral video. So it is not surprising that more employers have started using social media in the hiring process to screen out candidates who post...more

A NLRB Decision Employers Will Not "Like"

On August 22, 2014, the National Labor Relations Board ("NLRB") issued a 3-member panel, unanimous decision that the termination of two employees because of their Facebook activity violated the National Labor Relations Act....more

The Creeping Union Part I: Could a “Micro-Union” Happen to You?

Is it ever too early for a startup business to consider the potential impact of unionized labor on future operations? According to a line of cases stemming from a groundbreaking 2011 National Labor Relations Board (NLRB)...more

Recent NLRB Decisions Condone Workplace Profanity and Insubordination - Employers Need to Know What Is Considered Protected...

An administrative law judge (ALJ) of the National Labor Relations Board (the "Board") recently found that a Hooters employee who cursed at her co-worker during an employee bikini contest was wrongfully terminated by her...more

NLRB: Facebook “Like” is Protected, Concerted Activity Under the Labor Act

The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA)....more

Employers Beware: McDonald’s Memorandum Suggests That the NLRB Intends to Loosen the Standard for When Legally Separate Entities...

In late July, the General Counsel of the National Labor Relations Board (the “NLRB” or “Board”) issued a memorandum in a group of cases against operators of several McDonald’s franchises. The memorandum is significant...more

NLRB Forces Restaurant to Allow Posters Insinuating Germ-Infested Food - Section 7 of the National Labor Relations Act Guarantees...

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when its disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

Employer Rights Lost in Translation

A new NLRB matter demonstrates the importance of having bilingual managers for a bilingual staff. The employer addressed union members in the run up to a decertification election. The script called for the COO to warn the...more

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