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News & Analysis as of

Court Allows ESA Claims Involving Oversight of Pesticides to Move Forward

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293-JCS, plaintiffs alleged that the Environmental Protection Agency (EPA) violated section 7 of the Endangered Species Act by failing to...more

Supreme Court Sends Hundreds of NLRB Cases Back to the Drawing Board

Hundreds of decisions issued by the National Labor Relations Board (NLRB) must be re-decided after the U.S. Supreme Court's recent ruling that President Obama did not have the authority to appoint three members of the board...more

NLRB atypically 'gets it right' in latest ruling on social media

One of the topics from our recent “Eye on Workplace Privacy” seminar was the focus on how the NLRB has been dealing with employer handbook and social media policies. In that segment, we highlighted how the NLRB at times has...more

Beyond Truth, and Toward Repose: Price Increases Following “Merger to Monopoly” Do Not Rekindle Statute of Limitations

Z Technologies Corp. v. Lubrizol Corp., No. 2:12-cv-12206 (6th Cir., May 23, 2014). In February, 2007, Lubrizol Corporation made a “merger to monopoly” acquisition of the assets of a competitor. The acquisition...more

The Truth About As*holes

Here’s the truth: we are a litigious society. For a lot of reasons beyond the scope of this blog, a smarter workforce with ever-increasing access to information and resources continues to file employment lawsuits in record...more

The NLRB Battle Continues Against Even the Most Basic of Employee Rules

The war on reason being waged by the National Labor Relations Board and its Administrative Law Judges against primarily non-union employers continues. From the decisions appearing almost weekly, it seems that a design exists...more

NLRB Strikes Down Work Rule Prohibiting Off-Duty Employee Access To Company Property

Executive Summary: On May 1, 2014, the National Labor Relations Board (NLRB) issued an order finding that Piedmont Gardens, a retirement community, violated § 8(a)(1) of the National Labor Relations Act (NLRA) when it...more

Latest NLRB Ruling Further Limits Employers' Control of Off-Duty Employees' Access to the Workplace

The National Labor Relations Board (the "Board" or NLRB) ruled on May 1, 2014, that an employer violated Section 8(a)(1) of the National Labor Relations Act (the "Act") by maintaining a work rule prohibiting employees from...more

Can An Employer Ban Negativity In The Workplace? Not According To The NLRB

Over the last few years we have written about the increasing relevance of the National Labor Relations Board (“NLRB”) for non-union employers. Earlier this month, the NLRB issued two more opinions that are directly...more

Are Provisions in Your Social Media Policy Overbroad? The NLRB Might Think So

Employers see social media as a new and different form of communication by their employees, requiring careful consideration and special policies. But according to a recent decision from a National Labor Relations Board...more

NLRB Gets #SocialMedia: Board and ALJ Rulings Recap

‘April rulings bring May muddling’ might be a better way to tweet recent social media decisions at the National Labor Relations Board (NLRB) given the Board’s ruling in Durham School Services (April 25, 2014) and an...more

California District Court Finds Biological Assessments Inconsistent And Enjoins Caltrans' Project

In Souza v. California Department of Transportation, No. 13-cv-04407 (N.D. Cal. May 2, 2014), plaintiffs sought to enjoin a project proposed by the California Department of Transportation (Caltrans) to modify U.S. Route 199...more

Goodbye Precedent, Hello Forced Speech?

The NLRB continues to push for a share of the employment law spotlight. It also continues to act in a way that shows why its “precedent” is truly only “precedent” when the political winds don’t change. ...more

NLRB Evaluating Employer Prohibitions Against Use of Email for Nonbusiness Purposes

On May 1, 2014, the National Labor Relations Board (the "Board") issued an announcement inviting interested parties to submit briefs on the question of whether employees who are permitted to use their employer's email systems...more

American Bird Conservancy Sends Notice of Intent to Sue Administration Over Revised Eagle Permit Rule

On April 30, 2014, the American Bird Conservancy (“ABC”) sent a Notice of Intent to Sue (“Notice”) to Secretary of the Interior Sally Jewell and Director of the U.S. Fish and Wildlife Service (“Service’) Dan Ashe, alleging...more

NLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration

In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if...more

Illinois Supreme Court Strikes Down Eavesdropping Statute as Overly Broad

The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a person from “knowingly...more

Courteous, professional workplace policy outlawed

In recent months, some of the National Labor Relations Board’s intentions have become obvious. First, the NLRB plans on devoting considerable attention and resources towards non-union employees and employers. Next, the NLRB...more

Waiting for Iskanian, Part 3 - Friends of the Plaintiff

As we await Thursday's oral argument before the California Supreme Court in Iskanian v. CLS Transportation of Los Angeles, in Part 3 of our series of posts, we'll take a look at the amici curiae supporting plaintiffs. ...more

She tweeted what?!

Employers may have become familiar with some of the legal and human resources issues involving social media use by employees. However, one social media platform offers an illustration of the many evolving legal, human...more

NLRB 2013 Year in Review and 2014 Initiatives

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more

Federal ALJ Says Ban on Voice Recording Does Not Violate NLRA

Many employers prohibit employees from recording conversations during working time. Employers believe that such recording inhibits or intimidates employees and managers from having frank and open discussions relating to work....more

General Counsel Urges the National Labor Relations Board to Overturn Current Precedent and Permit Employees to Use Company-Owned...

Last week, an administrative law judge (ALJ) from Region 21 of the National Labor Relations Board (NLRB or the Board) issued a decision addressing two employment policies that the general counsel for the NLRB argued...more

Can an Employer Ask Employees to Keep HR Investigations Confidential?

Employee confidentiality during HR investigations is a "no-brainer" best practice – right? Not so fast – a recent decision by a labor board judge threatens to interfere with employers' ability to conduct investigations on a...more

NLRB marches forward with its prohibition on blanket confidentiality in HR investigations

Extending on National Labor Relations Board (NLRB) precedent, on July 26, 2013, Administrative Law Judge Jeffrey D. Wedekind ruled that The Boeing Company's human resources (HR) investigation confidentiality policy violated...more

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