News & Analysis as of

Confidential Information National Labor Relations Board Protected Concerted Activity

Parker Poe Adams & Bernstein LLP

NLRB Continues Assault on Noncompete Agreements

As we have previously covered in EmployNews, in June 2023, the general counsel for the National Labor Relations Board (NLRB) released a memo arguing that most noncompete agreements violate Section 7 of the National Labor...more

Fisher Phillips

A Resurrected PRO Act Could Pay Dividends For Big Labor This Time Around

Fisher Phillips on

As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more

Parker Poe Adams & Bernstein LLP

National Labor Relations Board Blesses Employer Confidential Information Policy

The National Labor Relations Board’s landmark Boeing Co. decision set a new legal standard for determining whether employer policies interfere with employee rights to engage in protected concerted activity under federal labor...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Snell & Wilmer

Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for...

Snell & Wilmer on

Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. In a decision involving a Las Vegas employer, the Board held...more

Snell & Wilmer

Employment Handbooks and Confidentiality

Snell & Wilmer on

Employers frequently ask if they can maintain rules requiring employees to keep the contents of their employment handbooks confidential. In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National...more

Vedder Price

NLRB Handbook Rules Change Like the Wind Post-Boeing

Vedder Price on

On June 6, 2018, the Office of the General Counsel of the National Labor Relations Board (“the NLRB” or “the Board”) published its most recent memo concerning employer handbook policies. The memo’s guidance reflects a stark...more

Cozen O'Connor

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Cozen O'Connor on

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Littler

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Littler on

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Are You on Candid Camera? The NLRB Just Made It More Difficult to Ban the Use of Recording Devices in the Workplace

On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that it is unlawful for an employer to adopt a work...more

Foley & Lardner LLP

Employers Should Take Care When Prohibiting Workplace Recordings

Foley & Lardner LLP on

A number of years ago, one of the nation’s largest grocery stores banned its employees from recording workplace conversations, images, or meetings without prior management approval or consent by all parties to a conversation....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

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Williams Mullen

An Emboldened Labor Board Continues to Expand Union and Employee Protections

Williams Mullen on

With a series of significant new rules and opinions, the first three quarters of 2015 have proven to be very active for the National Labor Relations Board (the “Board”). Increasingly, the Board has sought to expand the rights...more

Akerman LLP - HR Defense

The NLRB Expands Its Reach in the Non-Union Workplace

The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of...more

Mintz - Employment, Labor & Benefits...

No Parade for Employers: NLRB Judge Invalidates Several Policies in Macy’s Handbook

The NLRB continued its assault on employee handbooks and policies, as an administrative law judge recently found several provisions in the Macy’s handbook, including the confidential information policy, to be unlawful, as...more

Parker Poe Adams & Bernstein LLP

NLRB Restricts Company From Requiring Employee to Keep Performance Improvement Plan Confidential

When faced with performance or disciplinary issues, human resource professionals often turn to use of a performance improvement plan (PIP) as a method to explain to employees problems with their work and expectations for...more

Foley & Lardner LLP

Three Key Labor and Employment Issues Facing Automotive Suppliers in 2015

Foley & Lardner LLP on

While employees are an integral part of the manufacturing process, employment related issues will continue to face automotive suppliers in 2015 including: With many of its recent decisions and actions, the NLRB has...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2012 Year in Review

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

Akerman LLP - HR Defense

Employers Must Examine Their Employee Agreements For Compliance With The National Labor Relations Act

Recently, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) issued a decision in Quicken Loans, Inc., which found confidentiality and non-disparagement provisions to be unlawful under the...more

Nossaman LLP

Did You Know…Blanket Confidentiality Requirements Regarding Employment-Related Investigations Violate Section 7 of the NLRA

Nossaman LLP on

As part of its current campaign to take more aggressive positions regarding policies applicable to nonunion workers, the National Labor Relations Board recently ruled that a human resources consultant’s routine practice of...more

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