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Labor Board: Employee Protected Concerted Activity Determined by Totality of the Circumstances

The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No....more

Labor Board Returns to Case-by-Case Approach for Determining Lawfulness of Work Rules

The National Labor Relations Board has again revised its standard for assessing whether an employer’s facially neutral work rules (rules that do not explicitly restrict Section 7 activities) unlawfully restrict employee...more

Top Five Labor Law Developments For October 2019

1. The National Labor Relations Board (NLRB) has clarified its standard for evaluating the legality of employers’ facially neutral policies, rules, or handbook provisions. LA Specialty Produce Co., 368 NLRB No. 93 (Oct. 8,...more

Top Five Labor Law Developments For July 2018

1.Business lobbyists reportedly are urging the Trump Administration to not re-nominate National Labor Relations Board (NLRB) Member Mark Gaston Pearce (D) for a third term. Pearce’s term at the five-member Board is scheduled...more

Labor Board Sets New Standard For Determining Lawfulness Of Facially Neutral Workplace Rules

The National Labor Relations Board has established a new test for evaluating the lawfulness of an employer’s facially neutral workplace policies and rules. Among the most consequential of the Board’s recent bombshell NLRB...more

Top Five Labor Law Developments For November 2017

1. John Ring, a management-side labor and employment attorney, reportedly is undergoing background checks to become President Donald Trump’s nominee to fill the seat on the National Labor Relations Board that Chairman Philip...more

Top Five Labor Law Developments In May 2017

1. Handbook rules requiring employees to obtain preapproval to use cameras and other recording devices at work are not per se unlawful, according to the National Labor Relations Board. Mercedes-Benz U.S. Int’l Inc., 365 NLRB...more

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