Jonathan Spitz on Section 7

Clear the Calendar: NLRB Restricts Captive Audience Meetings

In a landmark decision, the National Labor Relations Board has significantly altered the landscape of employer free speech rights by restricting the use of mandatory “captive audience” meetings. 373 NLRB No. 136 (Nov. 13,...more

11/18/2024 / Labor Relations , NLRA , NLRB , Safe Harbors , Section 7 , Union Elections , Unions , Voluntary Participation , Wage and Hour

Winds of Change at NLRB: Employer Guide for Upcoming Trump Administration

Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration. Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more

11/11/2024 / Administrative Appointments , Arbitration Agreements , Corporate Counsel , Electronic Monitoring , Independent Contractors , NLRA , NLRB , NLRB General Counsel , Quickie Election Rules , Retirement Funds , Section 7 , Severance Agreements , Surveillance , Trump Administration , Unfair Labor Practices , Union Elections , Unions

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

9/6/2023 / Coronavirus/COVID-19 , Labor Disputes , Labor Relations , NLRA , NLRB , Protected Concerted Activity , Section 7 , Totality of Circumstances Test , Unfair Labor Practices , Unions

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

8/8/2023 / Boeing , Employee Handbooks , Employee Rights , Employer Liability Issues , Employment Policies , NLRA , NLRB , Protected Concerted Activity , Section 7 , Unions

Labor Board Returns to Prior Standard, Limiting Employers’ Response to Abusive Workplace Conduct

The National Labor Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labor Relations Act. Lion Elastomers LLC...more

5/4/2023 / NLRA , NLRB , NLRB General Counsel , Protected Concerted Activity , Section 7 , Unions

Labor Board Reinstates Standard Restricting Employee Severance Agreements

The National Labor Relations Board has returned to its pre-2020 standard restricting certain confidentiality and non-disparagement clauses in departing employees’ severance agreements. McLaren Macomb, 372 NLRB No. 58 (2023)....more

2/24/2023 / Confidentiality Agreements , NLRA , NLRB , Non-Disparagement Provisions , Section 7 , Separation Agreement , Severance Agreements , Unfair Labor Practices

NLRB: Confidentiality, Cell Phone, Electronic Communications Policies Lawful Under NLRB’s Work Rules Decisions

Applying its decisions in Boeing Co. (365 NLRB No. 154) and Caesars Entertainment Corp. (368 NLRB No. 143), the National Labor Relations Board (NLRB) has overturned an Administrative Law Judge’s (ALJ) finding that an employer...more

3/2/2020 / Administrative Law Judge (ALJ) , Cell Phones , Electronic Communications , NLRA , NLRB , Section 7

Labor Board: Employers May Prohibit Employee Nonwork Use Of Computer Systems – With Caveats

Overturning a controversial 2014 ruling by the Obama-era National Labor Relations Board (NLRB), the NLRB has restored an employer’s right to control employee nonwork use of its information technology and email systems — with...more

12/20/2019 / Employee Rights , NLRA , NLRB , Purple Communications , Section 7

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

11/18/2019 / Corporate Counsel , Employee Rights , Employer Liability Issues , NLRA , NLRB , Section 7

NLRB: Property Owners May Limit Off-Duty Access By Contractors’ Employees

The National Labor Relations Board (NLRB) has ruled that a property owner lawfully may prohibit the off-duty employees of its on-site contractors (or licensees) from accessing its private property to engage in Section 7...more

9/9/2019 / Administrative Law Judge (ALJ) , NLRA , NLRB , Off-Duty Employees , Private Property , Property Owners , Section 7

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

8/22/2018 / Corporate Counsel , Department of Labor (DOL) , Email , Employer Liability Issues , Hiring & Firing , LMRDA , NLRA , NLRB , NLRB General Counsel , Persuader Rules , Purple Communications , Section 7 , Trump Administration

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

1/8/2018 / Boeing , Employee Rights , Employer Liability Issues , Employment Policies , NLRA , NLRB , Protected Concerted Activity , Section 7

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

12/22/2017 / Boeing , Collective Bargaining , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , NLRA , NLRB , Quickie Election Rules , Section 7

Unwrapping Late Year NLRB Decisions – Next Steps For Your Organization To Consider

Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten...more

12/18/2017 / Bargaining Units , Boeing , Browning-Ferris Industries of California Inc. , Collective Bargaining , Employer Liability Issues , Joint Employers , Micro-Unions , NLRA , NLRB , NLRB General Counsel , Policies and Procedures , Protected Activity , Section 7 , Specialty Healthcare , Unions

NLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law

Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded....more

2/2/2017 / College Athletes , Colleges , Employee Definition , Football , NLRA , NLRB , Protected Concerted Activity , Section 7 , Unfair Labor Practices , Universities

Jonathan Spitz

Jackson Lewis P.C.

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