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On Friday, September 30, 2022, the NLRB reversed its earlier stance that Chelsea Befort was lawfully terminated for violating T-Mobile’s electronic communications policy. Ms. Befort sent mass emails to all 595 Customer...more
Congress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide. The Protecting the Right to...more
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
The National Labor Relations Board took the opportunity last week to double down on its recent reversal of the Purple Communications doctrine, holding that T-Mobile USA did not violate federal labor law by implementing a rule...more
Podcast host Michael Schmidt is joined by Dan Johns, a partner in Cozen O'Connor's Labor and Employment Department, to talk about 3 significant NLRB decisions affecting all employers in the areas of (1) employee use of...more
On December 16, 2019, the National Labor Relations Board (“NLRB”) issued a decision in Caesars Entertainment holding that businesses may restrict employees from using a company’s internal email systems for union and...more
The National Labor Relations Board (NLRB) issued a whirlwind series of rulings to cap off 2019. The NLRB typically issues many decisions near the end of a Board member's term, so this flurry comes as no surprise...more
Recent Changes to NLRB Guidance Regarding Employers’ Policies Involving Employee Communication - Two recent decisions by the National Labor Relations Board (NLRB) have significantly overturned earlier rulings regarding...more
In a pair of significant year-end rulings, the National Labor Relations Board overturned two Obama-era precedents that had restricted the ability of both unionized and non-unionized employers to limit the use of company email...more
This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into January 2020. The episode includes: 1. The Recalibration of Federal Agencies The year 2019 was the year of...more
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
With a steady decline in private sector unionization and a lack of political muscle to change the National Labor Relations Act (“Act”), organized labor in the Obama era relied heavily on decisional rulings from the National...more
Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more
The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are...more
Seyfarth Synopsis: The National Labor Relations Board, pushed out a number of noteworthy decisions early this week. The Board’s holiday rush coincided with the departure of its sole Democratic member, Lauren McFerran, who...more
On December 16, 2019, the National Labor Relations Board (NLRB) issued a major decision restoring employers’ property rights in the use of email and other IT resources. In Caesar’s Entertainment, the NLRB held that employees...more
On the same day as the departure of the lone Democratic Board member, the National Labor Relations Board (NLRB) this week continued its trend of issuing employer-friendly decisions that reverse Obama-era Board precedent. In...more
The National Labor Relations Board decided Tuesday, December 17th, that employees have no statutory right to use an employer’s equipment, including work emails and IT resources. Therefore, employers may legally restrict the...more
In 2014, the NLRB held in Purple Communications that employers must allow their employees to use company email systems to engage in union activities and other protected conduct under the National Labor Relations Act. Last...more
On December 17, 2019, in a 3-1 decision split along party lines, the National Labor Relations Board (NLRB) restored to employers the right to restrict employees from using company email systems for nonbusiness purposes. The...more
On December 17, 2019, the National Labor Relations Board (“Board”) ruled that an employer’s rule prohibiting use of its email system for nonbusiness purposes did not violate employees’ rights under the National Labor...more
On August 1, 2018, the National Labor Relations Board (“Board”) issued a Notice and Invitation to File Briefs, inviting the public to file briefs on whether the Board should overrule its 2014 decision in Purple...more