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NLRB General Counsel Enters the Discussion on AI in the Workplace

We previously posted about employer use of Artificial Intelligence, AI, and the emerging legal issues associated with such tools. Recently, the National Labor Relations Board General Counsel issued GC Memorandum 23-02, which...more

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

NLRB Adopts Single Rule to Evaluate Employee Misconduct

The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has...more

NLRB Brings Some Clarity, Consistency and Sanity to Confidential Investigations

The flurry of activity from National Labor Relations Board in late 2019 was a fairly consistent drum beat of good news for employers.  In many cases, the Board restored decades of precedent that had been upended by the Board...more

NLRB Reinstates Test for Examining Whether Employee Activity is “Concerted” Under NLRA

Have you ever felt that reading the decisions of the National Labor Relations Board is a lot like watching a tennis match? The decisions on key workplace issues go back and forth, back and forth, and you are just stuck...more

Board Affirms Decision Ordering Reinstatement Of Employees Terminated For Facebook Comments

On September 20, 2011, we reported on Hispanics United of Buffalo, Inc., the first National Labor Relations Board Administrative Law Judge decision examining an employee's discharge for social media activity. Recently, the...more

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