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Perception Versus Reality: Fifth Circuit Backs Board’s Unfair Labor Practice Finding on Termination Based on ‘Perceived’ Section 7...

The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more

Employee Handbooks Remain Under Board Attack

During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

A New Front in the Noncompete Wars: NLRB’s General Counsel Claims Noncompete Agreements Violate the Labor Act

The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in employment...more

Weigand v. N.L.R.B: A Double Standard for Social Media?

On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more

#Insubordination: NLRB Affirms Refusal To Re-Hire Employees Based Upon Facebook Exchange

In prior articles, we have discussed various decisions by the National Labor Relations Board (“NLRB” or the “Board”) protecting employee social media activity as concerted activity under Section 7 the National Labor Relations...more

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