National Labor Relations Board

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

Employment Law - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by...more

DC Circuit Puts On its Thinking Cap when Addressing NLRB Ruling on Hat Restrictions

The United States Court of Appeals for the District of Columbia Circuit recently struck a blow for employer’s rights to regulate headgear, specifically baseball caps....more

Time Spent in Employer-Mandated Security Checks Held Non-Compensable: U.S. Supreme Court Decision in Integrity Staffing Solutions,...

In a recent U.S. Supreme Court decision, a unanimous court held that time spent by employees in mandatory security checks after work is not compensable, unless the screenings are "integral and indispensable" to the principal...more

Labor Issues Staying at the Forefront of Political, Legal Discussions with NLRB, DOL Activity

As we have discussed over the past few weeks, the NLRB was busy as 2014 drew to a close. On December 11, 2014, the Board overruled its Register Guard decision in Purple Communications, establishing a new standard that...more

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

NLRB Gives Unions Another Prize: Non-Tenure-Eligible Faculty at Private Religious Colleges and Universities

Private colleges and universities are the latest to feel the effects of the more union-friendly National Labor Relations Board (NLRB). In a recent ruling, the Board concluded in unprecedented fashion that it has jurisdiction...more

NLRB Holds That Employees Can Use Company Email for Union and Other Protected Communications

In December, the National Labor Relations Board (“the Board”) held that Section 7 of the National Labor Relations Act (“NLRA”) requires employers to allow employee use of company email, during non-working time, to communicate...more

It’s All in the Family: Shifting Standards for Joint-Employer Liability

The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to...more

New NLRB Determination Makes It Easier For Unions To Organize Faculty At Universities And Colleges

In still another break with long-standing precedent, the National Labor Relations Board (NLRB) has once again eased the way for union organizing – this time for unions seeking to organize faculty at private sector...more

New Year, New Rules, New Union-Avoidance Strategies

The National Labor Relations Board topped off 2014 with several jabs to employers, including its recent decision in Purple Communications, where the Board held that employees have a presumptive right to use email for...more

NLRB Election Rule Under Fire

On January 5, 2015, the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace (CDW), the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management...more

In with the New: 2015 Privacy, Advertising and Digital Media Predictions – Part II

More predictions about privacy, advertising and digital media trends making headlines in 2015 from Of Digital Interest editor Bridget O’Connell and predictions from our London office by Rob Lister...more

Year in Review: NLRB Edition

With the new year upon us, we have rounded up some of the most important NLRB decisions of 2014. By all accounts, the NLRB was as active as ever in 2014. Its decisions and rulemaking will preoccupy HR and LR professionals in...more

Waiting for and Undergoing Security Checks Not Compensable Time

The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift security checks is not compensable under the Fair Labor Standards Act...more

Ten New Year’s Resolutions Retail Employers Should Consider Making in 2015

Now that the busy 2014 holiday shopping season is over and the new year has begun, it’s a good time for retail employers to take a breath and think about 2015—what’s coming, what issues they should be watching, and what...more

NLRB Expands Employees’ Use of Email for Protected Activity

The National Labor Relations Board (“NLRB” or the “Board”) has yet again expanded employees’ rights to discuss the terms and conditions of their employment or otherwise engage in protected activity. In Purple Communications,...more

Labor & Employment E-Note - January 2015

In This Issue: - Purple Communications Inc. Update - NLRB Issues Key Changes To Election Rules *Effective April 14, 2015* - Making Headlines - Excerpt from NLRB Issues Key Changes To Election...more

Employers: Be Ready for a Union Ambush

On December 15, 2014, the National Labor Relations Board (NLRB) issued a final rule regarding representation case procedures to become effective on April 14, 2015. In doing so, the NLRB sought to update its rules to better...more

Think Twice Before Firing an Employee for Facebook Posts

Social media continues to play an important role in all aspects of a company’s internal and public communications. Companies are utilizing social media to make SEC disclosures, coordinate targeted advertising and marketing...more

Ambush Elections and Access to Email - A Bad Combination for Employers

Late last week, the National Labor Relations Board (NLRB) made a combination of moves that present significant challenges for employers. First, the Board issued its decision in Purple Communications, Inc., allowing employees...more

Fenwick Employment Brief - January 2015

Waiting for and Undergoing Security Checks Not Compensable Time - The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift...more

A Review Of Recent Developments Of Interest To Employers

In This Review: - 2015 Schedule of Seminars - Wage & Hour Developments - Discrimination, Harassment, and Retaliation Developments - Arbitration and Class Action Developments - Developments...more

Higher Education Alert: NLRB Announces Two New Standards Favorable to Faculty Unions

In Pacific Lutheran University, 361 NLRB No. 157, a case that had been watched closely by the higher education community, the National Labor Relations Board issued a 3-2 decision the week before Christmas announcing new...more

Top Legal Issues Facing Automotive Suppliers in 2015

Foley’s Automotive Industry Team has prepared this overview of the major trends we see affecting automotive suppliers this year. While not all legal risk can be anticipated, companies that are aware of litigation,...more

Higher Education Alert: NLRB Trend in Easing Unionization Continues with Recent Decision

The National Labor Relations Board issued a 3-2 decision last month in Pacific Lutheran University, 361 NLRB No. 157, in which it significantly modified the standards for determining: (1) whether college or university faculty...more

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