News & Analysis as of

Casinos National Labor Relations Board

Proskauer - Labor Relations Update

NLRB Redefines “Solicitation,” Broadening Conduct that may be Considered Unprotected

On May 29, 2020, the NLRB issued an important opinion overruling two decisions in order to define the term “solicitation” in a manner consistent with prior Board decisions and the dictionary definition of the term. Wynn Las...more

Littler

Preemption’s Silver Lining: The NLRA Offers California Tribes a Shield Against State Labor Protections

Littler on

For over 20 years, the State of California has used tribal gaming compacts to accomplish what federal law and tribal sovereignty would otherwise forbid: forcing tribes to follow state labor law in their casinos.  Recently...more

Brooks Pierce

National Labor Relations Board Changes Course On Employee Email

Brooks Pierce on

Employers who revised their electronic communication policies under the National Labor Relations Board's (NLRB) Purple Communications standard may want to head back to the drawing board (again) in the new year. In Caesars...more

Troutman Pepper

Two New NLRB Decisions Allow Employers to Limit Use of Its Email System and Preserve Confidentiality of Workplace Investigations

Troutman Pepper on

Q: What is the current rule on whether an employee can use our company’s email system to distribute union material? Also, are we permitted to require employees to keep workplace investigations confidential without running...more

Snell & Wilmer

Indian Tribes Continue to Challenge the NLRB's Jurisdiction Over Casinos Located on Indian Lands

Snell & Wilmer on

Indian tribes continue to challenge the NLRB's jurisdiction over casinos located on Indian lands and courts continue to side with the NLRB. In Casino Pauma, the 9th Cir. decided on April 26, 2018, that under the test...more

Seyfarth Shaw LLP

DC Circuit “Busts” NLRB’s Finding of Weingarten Violation by Las Vegas Casino

Seyfarth Shaw LLP on

Seyfarth Synopsis: A three-member panel of the U.S. Court of Appeals for the D.C. Circuit put the National Labor Relations Board “on tilt” when it overturned a decision finding that Bellagio, LLC violated Section 8(a)(1) of...more

Parker Poe Adams & Bernstein LLP

Federal ALJ Says Ban on Conducting Personal Business in Handbook Violated NLRA Rights

The National Labor Relations Board continues its assault against standard employment policies considered to interfere with employee rights. This time, a federal administrative law judge accepted the Board counsel’s argument...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - September / October 2015

Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more

Parker Poe Adams & Bernstein LLP

NLRB Case Explains Agency's Position on Confidential Information Policies

Many, if not most employers maintain policies regarding disclosure by employees of confidential business information. Sometimes these policies appear in employee handbooks, and sometimes employees are required to sign...more

Dickinson Wright

Gaming Legal News: Volume 8, Number 14: The Intersection Of Federal Labor Law, Tribal Gaming And A Deep Division Within Two Sixth...

Dickinson Wright on

Two separate three-judge panels of the United States Court of Appeals for the Sixth Circuit have rendered labor law decisions concerning Indian casinos in Michigan only 22 days apart. While each of the panels ruled that the...more

Seyfarth Shaw LLP

NLRB v. The Constitution: Constitution Wins

Seyfarth Shaw LLP on

In early 1999, the Venetian Casino Resort in Las Vegas asked police officers to remove union protesters from a temporary walkway in front of the Venetian — a walkway the Venetian built on its property in exchange for the...more

Littler

The Sixth Circuit Extends the NLRA's Reach to Tribal-Owned Casinos

Littler on

The extent of the National Labor Relations Act's application to tribal-owned and operated enterprises on reservations is an open question in many circuits. Recently, two Sixth Circuit decisions resolved the question in favor...more

Faegre Drinker Biddle & Reath LLP

Sixth Circuit Holds National Labor Relations Act Applicable to Indian Tribe's Casino

Weighing in on a hotly contested issue, a panel of the Sixth Circuit has found that federal labor law applies to Indian tribes’ casinos, notwithstanding the tribes’ inherent sovereignty. However, the panel only did so because...more

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