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
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
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
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
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
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
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
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
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
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. 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
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
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