Jonathan Crotty on NLRA

Employers Struggle With Election Politics Spillover Into Workplace

With the election quickly approaching, we are already receiving questions from employers involving concerns over arguments and disruptions in the workplace resulting from political disagreements. We hoped that the contentious...more

9/6/2024 / Adverse Employment Action , Employee Rights , Employer Liability Issues , Employment Discrimination , Employment Policies , General Elections , NLRA , Political Expression , Presidential Elections , Retaliation

Interview Exchange Leads to Unfair Labor Practice Claims

This week, Elon Musk interviewed former President Trump on his social media platform X. During the interview, the two participants discussed their response to a hypothetical strike at Musk’s Tesla production facility. Trump...more

8/16/2024 / Donald Trump , Elon Musk , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Public Statements , Section 7 , Strike , Tesla , Unfair Labor Practices , United Auto Workers

NLRB Waves White Flag on Expansion of Joint Employer Definition

Last week, the National Labor Relations Board withdrew its appeal of a federal court decision that blocked its 2023 rule that significantly expanded the definition of joint employment under federal labor law....more

7/26/2024 / Employer Liability Issues , Franchises , Joint Employers , NLRA , NLRB , Staffing Agencies

Managers Not Protected by NLRA Concerted Activity Rules

Over the past few years, the National Labor Relations Board has taken aggressive measures to extend labor law protections to some non-unionized employees. These decisions have involved employer policies restricting social...more

4/12/2024 / Employer Liability Issues , Employment Policies , Fair Labor Standards Act (FLSA) , NLRA , NLRB , Protected Concerted Activity , Section 7

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

3/29/2024 / Coronavirus/COVID-19 , Corporate Counsel , Employment Litigation , Hiring & Firing , Home Health Care , NLRA , NLRB , Popular , Protected Concerted Activity , Retaliation , Termination

Federal Court Throws Out NLRB's Joint Employer Rule

Last week, a federal district court judge in Texas struck down the National Labor Relations Board’s joint employer rule. That rule significantly expands the definition of joint employers, making a company subject to NLRB...more

3/15/2024 / Franchises , Joint Employers , New Rules , NLRA , NLRB , Staffing Agencies

Federal Court Delays Effective Date of NLRB Joint Employer Rule

Last week, a Texas federal court extended a temporary ban on implementation of the National Labor Relations Board’s joint employer rule until March 11. The rule was originally effective in December, but the NLRB delayed the...more

3/1/2024 / Effective Date , Employer Liability Issues , Franchises , Joint Employers , New Rules , NLRA , NLRB , Staffing Agencies

Two New NLRB Decisions Expand Labor Rights for Non-Unionized Workers

The National Labor Relations Board continues its recent streak of overturning board decisions from the Trump administration that limit the rights of employees to organize and complain about working conditions. The latest...more

9/8/2023 / Anti-Retaliation Provisions , Employee Rights , Labor Relations , NLRA , NLRB , Non-Union , Protected Concerted Activity , Protests , Unfair Labor Practices , Unions , Unpaid Interns , Working Conditions

NLRB Streamlines Union Election Procedures

The National Labor Relations Board has continued its reversal of Trump-era decisions. The NLRB issued a final rule expediting union election procedures, making it more difficult for employers to react and respond to...more

9/1/2023 / Employee Rights , Labor Relations , NLRA , NLRB , Quickie Election Rules , Unfair Labor Practices , Union Elections , Union Organizers , Unions

NLRB Narrows Definition of Independent Contractor Under Federal Labor Laws

On Tuesday, the National Labor Relations Board (NLRB) overturned a Trump-era precedent, changing the test used to determine whether workers seeking protection under federal labor laws are employees or independent contractors....more

6/18/2023 / Employee Definition , Employer Liability Issues , Federal Labor Laws , Gig Economy , Independent Contractors , Misclassification , NLRA , NLRB , Wage and Hour

Noncompetes Violate Federal Labor Law, Says National Labor Relations Board's General Counsel

In the wake of the Federal Trade Commission’s recent proposal to void noncompetition agreements between employers and employees, another federal agency has joined the push to restrict the use of restrictive covenants in...more

6/2/2023 / Employer Liability Issues , Federal Trade Commission (FTC) , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Proposed Regulation , Restrictive Covenants , Section 7 , Statutory Authority

Electronic Monitoring of Remote Workers Raises Labor Law Compliance Questions

By now, we have all heard stories about remote employees who are working two jobs simultaneously, or have installed software that provides the appearance of work activity. In response to concerns over productivity and...more

3/10/2023 / Employee Monitoring , Federal Labor Laws , NLRA , NLRB , Popular , Remote Working , Technology

NLRB Reinstates Prior Position Regarding Use of Confidentiality and Non-Disparagement Provisions in Severance Agreements

Earlier this week, the National Labor Relations Board (NLRB) continued its reversal of decisions reached during the Trump administration, reinstating prior precedents. This time, the Board reversed two decisions that limited...more

2/24/2023 / Confidentiality Agreements , Hiring & Firing , NLRA , NLRB , Non-Disparagement Provisions , Section 7 , Severance Agreements , Termination

NLRB to Award Compensatory Damages for Labor Law Violations

During 2022, there has been a considerable uptick in labor activity, including high profile organizing efforts at Amazon, Starbucks, and other nationwide employers. Inevitably, these efforts result in claims from unions that...more

12/16/2022 / Compensatory Damages , Employer Liability Issues , Labor Law Violations , NLRA , NLRB , Unions

NLRB Continues Political Tennis Match by Reversing Joint Employer Rule

In 2015, the Democrat-controlled National Labor Relations Board (NLRB) adopted a new standard for determining when two employers are jointly covered under federal labor laws applicable to a single set of employees. The...more

9/9/2022 / Comment Period , Control Test , Federal Labor Laws , Franchises , Joint Employers , NLRA , NLRB , Proposed Rules , Staffing Agencies

First Circuit Upholds Employee's Right to Publicly Complain About Working Conditions

Section 7 of the National Labor Relations Act protects the rights of employees to engage in “concerted activity,” regardless of whether they are members of a union. Concerted activity means two or more employees working...more

6/25/2021 / Employer Liability Issues , Employment Litigation , Employment Policies , Hiring & Firing , NLRA , NLRB , Protected Concerted Activity , Retaliation , Section 7 , Unions , Wrongful Termination

National Labor Relations Board Resolves Catch-22 Related to Abusive Conduct

For years, employers seeking to enforce anti-discrimination and harassment policies have faced a vexing Catch-22. While Title VII and other federal and state laws require employers to take action against employees who engage...more

7/31/2020 / General Motors , NLRA , NLRB , Protected Concerted Activity , Section 7 , Unions , Vulgar or Offensive Marks

National Labor Relations Board Upholds Policy Banning Outside Employment

In its Boeing Co. decision, the National Labor Relations Board established a relaxed standard for determining whether company policies unreasonably interfere with employees’ right to engage in concerted activity under Section...more

7/27/2020 / Boeing , NLRA , NLRB , Protected Concerted Activity , Section 7

NLRB Issues Final Rule on Joint Employer Status

Last Wednesday, the National Labor Relations Board issued final regulations substantially curtailing circumstances under which two employers can be deemed co- or joint employers under federal labor law. The final rule follows...more

3/2/2020 / Browning-Ferris Industries of California Inc. , Final Rules , Franchises , Joint Employers , NLRA , NLRB , Staffing Agencies

NLRB Distinguishes Between Protected and Unprotected Criticism of Diversity Policies

In a well-publicized incident in 2017, Google terminated an employee who circulated a memorandum opposing the company’s diversity program. The employee claimed that innate differences between the sexes made females less...more

2/24/2020 / Advisory Opinions , Anti-Discrimination Policies , Diversity , Employer Liability Issues , Employment Policies , Google , Hiring & Firing , NLRA , NLRB , Protected Concerted Activity

NLRB Says Arbitration Agreement Must Specifically Exclude Claims Filed With NLRA

In its decision last term in Epic Systems Corp. V. Lewis, the U.S. Supreme Court concluded that the National Labor Relations Act does not preclude the use of mandatory arbitration agreements in employment which prevent class...more

12/11/2019 / Arbitration , Arbitration Agreements , Contract Terms , Employer Liability Issues , Epic Systems Corp v Lewis , Equal Employment Opportunity Commission (EEOC) , Mandatory Arbitration Clauses , NLRA , NLRB , Publicly-Traded Companies , Securities and Exchange Commission (SEC)

Jonathan Crotty

Parker Poe Adams & Bernstein LLP

Readers' Choice Awards

Popular Topics by This Author

Latest Posts › NLRA