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Internal Investigations National Labor Relations Board The National Labor Relations Act

Jackson Lewis P.C.

Forensic Review During Investigations: Have You Considered The NLRA?

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NLRB General Counsel Jennifer Abruzzo is pressing for stricter enforcement against the use of workplace technologies to monitor employees. As a result, employers should consider the National Labor Relations Act (the “Act”)...more

Foley & Lardner LLP

NLRB Upholds Interview Disclosure Requirements Established in 1964 “Johnnie’s Poultry” Decision

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As we updated our readers last week, the National Labor Relations Board (NLRB or the “Board”) ended 2022 with a series of decisions that will impact employers going into 2023 and beyond. Among those decisions was strong...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Kramer Levin Naftalis & Frankel LLP

NLRB Allows Employers to Instruct Employees to Keep Internal Investigations Confidential

Following its December 2019 decision holding that confidentiality mandates during the course of workplace investigations are presumptively lawful, the National Labor Relations Board (NLRB) recently held that employers can...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

Dechert LLP

National Labor Relations Board Finishes 2019 with a Flurry of Significant Decisions

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In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements. Among these actions were rulings narrowing...more

Bond Schoeneck & King PLLC

New Ruling Allows Employers to Mandate Confidentiality of Internal Investigations

On December 19, 2019, the National Labor Relations Board (the Board) held that employers can require employees to keep internal investigations confidential during the pendency of the investigations. This decision, Apogee...more

White and Williams LLP

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

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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

Zuckerman Spaeder LLP

National Labor Relations Board Gives Employers More Flexibility to Keep Ongoing Investigations Confidential

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Under the National Labor Relations Act (NLRA), employees have a right of collective action, and employers are prohibited from interfering with that right. But these provisions can conflict with an employer’s desire and...more

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

NLRB Upholds Legality of Facially-Neutral Rules Requiring Confidentiality During Investigations

Continuing its string of decisions reversing positions taken by the Obama Board, the National Labor Relations Board decided Apogee Retail LLC, No. 27-CA-191574 on December 16, 2019. Apogee Retail applied the approach...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 4, 2019

Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group. Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more

Cohen & Gresser LLP

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

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Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace.  They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more

Littler

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

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In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more

Akerman LLP - HR Defense

NLRB Weighs in on Confidentiality, Personal Use of Company Email, and Other Workplace Policies

Employers should be careful about designating Employee Handbooks confidential as, according to the National Labor Relations Board’s advice division, that would be unlawful. That advice was contained in one of five memoranda...more

Ballard Spahr LLP

NLRB Decision Serves as Reminder of Weingarten Requirements

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More than 40 years after the U.S. Supreme Court's decision in NLRB v. Weingarten Inc., the National Labor Relations Board's (NLRB) recent decision in Circus Circus Casinos Inc. serves as a good reminder for employers...more

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

Weingarten Rights Only Apply When Requested - What Constitutes a Legally Sufficient Request?

The recent split decision of the National Labor Relations Board (NLRB) in Circus Circus Casinos, Inc., 366 NLRB No. 110 (June 15, 2018), is a reminder that the validity of an employee’s request for Weingarten assistance at an...more

Fisher Phillips

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

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Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Mintz - Employment Viewpoints

March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful Says D.C. Circuit Court

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2015 Year in Review - An Overview of Major Developments in Labor Law

To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the...more

Foley & Lardner LLP

How Not to Fire a Union Organizer

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The best reminders often come from the most obvious situations. In a case decided by the Eleventh Circuit Court of Appeals on October 13, the employer laid down a clear path to remind employers what not to do. Allied...more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Foley & Lardner LLP

How the NLRB Spent Its Summer — Could Be a Chilly Autumn

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For those of us in the employment field attempting to recover from the languor of long summer days, it’s time to catch up and ask what the NLRB has been up to during the dog days. The answer – a lot. And so we take this...more

Fisher Phillips

And The Beat Goes On… The NLRB's Attack on Confidentiality Continues

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Many employers believe they have the absolute right to prohibit their workers from disclosing “confidential” information to coworkers and third parties. They are dead wrong. The National Labor Relations Board (NLRB) has...more

McNees Wallace & Nurick LLC

Ingles Solamente Reglas

English-only rules are not as common as they once were, but many employers still require employees to speak English only in the workplace. Justifications for these rules vary, but the Equal Employment Opportunity Commission...more

Franczek P.C.

Is the NLRB Outlawing Confidentiality Policies?

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The National Labor Relations Board (“Board”) recently issued its decision in The Boeing Company case. The Board found that Boeing’s confidentiality policy regarding internal investigations violated the National Labor...more

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