Gerard Morales on Employee Rights

Fighting Abuse in the Workplace – NLRB Examines Employee Abusive Conduct Under NLRA Law

Employers often confront situations involving employees’ argumentative, aggressive, and opprobrious conduct during department or other group meetings, evaluations, or disciplinary meetings with supervisors....more

4/8/2022 / Employee Rights , Employment Policies , NLRA , NLRB

Inherently Concerted Activities

On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the...more

4/6/2021 / Employee Rights , Employer Liability Issues , NLRB , Protected Concerted Activity , Unfair Labor Practices , Unions

The PRO Act’s Potential Effect on Employers

On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act.1 With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a...more

3/16/2021 / ABC Test , Collective Bargaining Agreements (CBA) , Employee Definition , Employee Rights , Epic Systems Corp v Lewis , Federal Labor Laws , Independent Contractors , Labor Relations , New Legislation , NLRA , Pending Legislation , Right to Work , SCOTUS , Taft-Hartley Act , Unions

Criticizing the Employer’s Workplace Diversity and Inclusion Policies

Section 7 of the National Labor Relations Act (the Act) gives employees the right to engage in “concerted activities” for “mutual aid or protection.” In general, “concerted activities” are activities or conduct by...more

2/25/2020 / Diversity and Inclusion Standards (D&I) , Employee Rights , Employer Liability Issues , Employment Policies , NLRA , NLRB , Protected Concerted Activity , Section 7 , Unfair Labor Practices , Unions

Employees’ Use of Social Media to Complain About Working Conditions

Employers often confront the question of whether employees can be disciplined for using social media, such as Facebook, to communicate with other employees about complaints regarding terms and conditions of employment....more

12/5/2019 / Employee Rights , Employment Policies , NLRA , NLRB , Social Media Policy , Social Networks

Employment Handbooks and Confidentiality

Employers frequently ask if they can maintain rules requiring employees to keep the contents of their employment handbooks confidential. In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National...more

4/30/2019 / Confidential Information , Employee Handbooks , Employee Rights , Employment Policies , NLRB , NLRB General Counsel , Proprietary Information , Protected Concerted Activity

Employees Must Be Permitted to Use Their Employer Email Systems for Nonwork Purposes — Right to Wear Union Insignia Is Expanded

Reversing well established precedent, on December 11, 2014, the National Labor Relations Board (NLRB or the Board) held that employees that have been given access to their employers’ email systems, must be permitted to use...more

12/11/2014 / Electronic Communications , Email , Employee Rights , NLRB , Off-The-Clock , Protected Activity , Purple Communications , Union Membership , Unions

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

9/29/2014 / CNN , Employee Rights , Franchises , Franchisors , Joint Employers , McDonalds , NLRA , NLRB

Commercial Developers and Unions’ “Political Pull”

Threat to File a Formal Proceeding Seeking State Action - Commercial developer (Developer) is developing a shopping center in X Township (Township). Developer is considering non-union general contractor (Non-U) to...more

5/12/2014 / Construction Disputes , Contractors , Employee Rights , Land Developers , NLRB , Project Labor Agreements , Unions

Gerard Morales

Snell & Wilmer

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