News & Analysis as of

Investigations National Labor Relations Board

Sherman & Howard L.L.C.

Employers Take Note – Ignoring a Federal Agency Is a Great Way to Get Into Big Trouble

When the United States Department of Labor (“DOL”) requests documents during a Fair Labor Standards Act (“FLSA”) investigation, compliance is not optional. Indeed, if an employer drags its feet long enough, and repeatedly...more

Baker Donelson

Employers Take Notice: OSHA and NLRB Join Forces for Workplace Safety Investigations

Baker Donelson on

On Tuesday, October 31, 2023, the Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board (NLRB) published a Memorandum of Understanding (2023 MOU) to facilitate interagency cooperation and...more

McDermott Will & Emery

Top Three Labor Trends to Watch for in Q4 2023

McDermott Will & Emery on

As we enter the last quarter of 2023, here are some of the key issues impacting employers: 1. New joint employer standard: More companies will be pulled into union organizing campaigns, contract negotiations and National...more

Mitchell, Williams, Selig, Gates & Woodyard,...

The Pendulum Swings Back: NLRB Targets Neutral Work Rules in Reversal of Prior Ruling

Think over the policies in your handbooks. Do you have one that requires workplace civility (“thou shalt not be disrespectful or insubordinate to thine co-workers or supervisors”)? Or one that requires that employees keep...more

Proskauer - Minding Your Business

FTC to Dealmakers: Don’t Interfere with Investigations

On June 15, 2023, the Federal Trade Commission’s Bureau of Competition issued a statement on the relationship between voluntary interviews with the agency and contractual provisions that require or limit the disclosure of...more

Perkins Coie

NLRB Upholds Johnnie’s Poultry Standard in Sunbelt Rentals, Inc. Decision

Perkins Coie on

Employers investigating unfair labor practice claims can breathe a little easier, as the National Labor Relations Board (NLRB or the Board) upheld the longstanding Johnnie’s Poultry standard for conducting interviews with...more

Perkins Coie

NLRB GC Abruzzo Signals Significant Changes for Employers in Cemex Brief

Perkins Coie on

The general counsel for the National Labor Relations Board (the Board), Jennifer Abruzzo, on April 11, 2022, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, LLC, 28-CA-230115 et al.,...more

Smith Gambrell Russell

Use of Signal Jammer to Prevent Employees from Using their Phones at Work Results in FCC Fine

Smith Gambrell Russell on

While the National Labor Relations Board (“NLRB”) previously upheld an employer policy that prohibited employee phone use at work for safety and security reasons, the Federal Communications Commission (“FCC”) recently upheld...more

Fisher Phillips

Double Trouble: DOL’s Wage and Hour Division and NLRB Agree to Coordinate Information Sharing, Investigations, and Enforcement...

Fisher Phillips on

In a January 6 press release, the National Labor Relations Board (NLRB) and the Department of Labor, Wage and Hour Division’s (DOL/WHD) announced that they have entered into a Memorandum of Understanding to enhance their...more

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

DOL and NLRB Memorandum of Understanding (MOU) May Cause Employer Headaches

On January 6, 2022, the U.S. Department of Labor’s Wage and Hour Division (DOL/WHD) and the National Labor Relations Board (NLRB) announced a memorandum of understanding (MOU) between the agencies to share information,...more

Sheppard Mullin Richter & Hampton LLP

Keep a Lid on It – The Trump NLRB Reaffirms Employer Ability to Enforce Investigative Confidentiality Rules

In Apogee Retail, 368 NLRB No. 144 (2019), the NLRB overruled the Obama Board’s decision in Banner Estrella Medical Center, 362 NLRB 1108 (2015) and held that investigative confidentiality rules that by their terms apply only...more

Seyfarth Shaw LLP

The NLRB Bolsters Unions’ Ability to Investigate Discrimination and Pay Equity Concerns through Requests for Information

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Colorado Symphony Association, 366 NLRB No. 60 (April 13, 2018), the NLRB found that an employer had an obligation to disclose information related to individual overscale contracts because the request...more

Maynard Nexsen

Employee's Right to a Witness

Maynard Nexsen on

Like a tennis match, an employee’s right to a witness during an employer’s investigatory interview has bounced back and forth over the years. This month the National Labor Relations Board confirmed that a non-union employee...more

Franczek P.C.

NLRB Continues Its Busy Summer with Important New Decisions on Weingarten Rights, Noel Canning Issues

Franczek P.C. on

The National Labor Relations Board continued its busy summer over the past two weeks. First, the Board issued a decision reaffirming the importance it places on an employee’s Weingarten rights, even if they impede an...more

McNees Wallace & Nurick LLC

NLRB Continues to Throw Up Roadblocks for Internal Investigations

As we previously reported, the National Labor Relations Board has thrown down some pretty significant roadblocks for employers attempting to conduct thorough and actionable internal investigations. The Board continued those...more

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

NLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration

In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if...more

McNees Wallace & Nurick LLC

Transportation, Distribution & Logistics Alert: September 2013 - NLRB's New Ruling Could Spell Trouble in Harassment...

In a recent ruling, the National Labor Relations Board (“NLRB”) has expressed the view that telling employees that they may not discuss an internal investigation may violate an employee’s Section VII rights. In Banner Health...more

Bracewell LLP

Heard it through the grapevine: The National Labor Relations Act’s tight grip on employer confidentiality policies

Bracewell LLP on

One of your top workers, Emily Employee, comes to you distraught: She can no longer take Carla Co-Worker’s harassing comments about Emily’s religion. Some of the comments Emily relayed to you sound pretty bad and would result...more

Proskauer - Labor Relations

NLRB: Employer’s Harassment Investigation Lawful, But Not Resulting Discipline

As the end of its fiscal year approaches (September 30), the NLRB pushes more decisions out than it has in the last several weeks. Not a whole lot are of note, honestly. There seems to be an uptick of default judgments being...more

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