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Labor Relations Section 7 Employer Liability Issues

Steptoe & Johnson PLLC

National Labor Relations Board Says No More Mandatory Captive-Audience Meetings

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On November 13, the National Labor Relations Board (the Board) held that so-called captive-audience meetings — meetings where employers require employee attendance and argue against unionization — violate the National Labor...more

Stinson LLP

After 76 Years, the NLRB Declares Captive-Audience Meetings Unlawful

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On November 13, 2024, the National Labor Relations Board (NLRB) held in Amazon.com Services LLC, 373 NLRB No. 136, that "captive-audience" meetings are unlawful under the National Labor Relations Act (NLRA). Specifically, the...more

Verrill

National Labor Relations Board Bans Captive Audience Meetings

Verrill on

On November 13, 2024, the National Labor Relations Board (NLRB) issued a landmark decision in the case of Amazon Services LLC, banning so-called “captive audience meetings,” a tool regularly used by employers in response to...more

Fox Rothschild LLP

NLRB Issues Labor-Friendly Decisions on ‘Captive Audience’ Meetings, Employer Statements on Unionization

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Reversing established precedent that has stood for decades, two recent decisions by the National Labor Relations Board make it increasingly difficult for employers to make the argument to workers that unionization is not in...more

Littler

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

Littler on

On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

Burr & Forman

The Burr Morning Show: NLRB Updates

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In this episode of The Burr Morning Show, Marcel Debruge and Tom Scroggins discuss the impacts of the latest NLRB updates you need to be aware of in 2024. ...more

Littler

NLRB Expands Section 7 Protections to Include Advocacy for Non-Employees and Beyond

Littler on

On August 31, 2023, the National Labor Relations Board issued its 3-1 decision in American Federation for Children, Inc. 372 NLRB No. 137, overturning Amnesty International, 368 NLRB No. 112 (2019), and dramatically expanding...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB limits employer opportunity to let employees vote on union representation

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more

Quarles & Brady LLP

National Labor Relations Board Will Scrutinize Employee Handbook Policies Under New Standard

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The National Labor Relations Board (Board) on August 2, 2023 announced a new and intrusive standard for evaluating whether many commonplace work rules and employee employment handbook provisions actually violate the National...more

Akerman LLP - HR Defense

Back to the Future: Employers Must Buckle Up for a Return to the NLRB’s New (Old) Standard for Workplace Rules

Employers, whether they have unionized employees or not, must navigate the aftermath of another change in the ever-evolving landscape of labor law. A recent National Labor Relations Board (NLRB or Board) decision has sent...more

Stinson LLP

NLRB Increases Scrutiny of Workplace Rules

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BACKGROUND - In its recent Stericycle decision, the National Labor Relations Board (NLRB) modified its framework for evaluating whether employer work rules that do not expressly restrict employee Section 7 activity are...more

Seyfarth Shaw LLP

The NLRB’s “Reasonable Employee” Definition Defies Common Sense: Time to Review Your Work Rules and Policies…Again.

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Earlier last week, the National Labor Relations Board (“NLRB” or “Board”) overturned established precedent and held that a facially neutral work rule is presumptively unlawful if a “reasonable” employee predisposed to...more

CDF Labor Law LLP

NLRB’s New Stericycle Inc. Decision Changes Workplace Rules Standards for Union and Non-Union Employers Alike

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On August 2, the National Labor Relations Board issued its decision in Stericycle, Inc., adopting a new legal standard for how the Board will evaluate workplace rules and policies that are challenged on the grounds that they...more

Polsinelli

The NLRB’s New Rule for Workplace Rules

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The National Labor Relations Board (the “Board”) issued its long-awaited decision regarding employer work rules that impacts both unionized and non-unionized workplaces. In Stericycle, the Board altered the standard for...more

Miles & Stockbridge P.C.

NLRB Returns to Decades-Old Standards for Assessing Employee Misconduct at Work

The National Labor Relations Board has reverted to decades-old standards for assessing whether employee misconduct during the course of protected activity should be protected under federal labor law. The Board’s move will...more

Akerman LLP - HR Defense

Surprise Surprise, the NLRB Continues Expanding Employee Protections

Imagine this: a nurse leaves the operating room during spinal surgery to participate in a union action, the employer terminates the nurse, and the National Labor Relations Board (NLRB) holds that the employer violated federal...more

Littler

NLRB General Counsel Abruzzo Seeks to Limit Long-Standing Employer Free Speech Right

Littler on

On April 7, 2022, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 22-04, The Right to Refrain from Captive Audience and other Mandatory Meetings. As set forth in the memorandum, GC Abruzzo will urge the National...more

Akerman LLP - HR Defense

Prepare Now for Anticipated Labor Law Changes in 2022

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General Counsel Jennifer Abruzzo of the National Labor Relations Board continues to make waves as she shares with employers, unions, and workers alike, her views on hot button issues at the NLRB....more

McNees Wallace & Nurick LLC

NLRB Adopts Single Rule to Evaluate Employee Misconduct

The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has...more

Seyfarth Shaw LLP

Non-Union Employers Take Note: The COVID-19 Crisis is Likely to Cause a Spike in Union Organizing Activity

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Seyfarth Synopsis: The COVID-19 crisis is creating fertile ground for union organizing efforts, and labor unions are aiming to capitalize on this. Non-union employers should be attuned to this reality, and to the extent they...more

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

Labor Relations During a Pandemic: Employer Duties Under the NLRA in the Wake of COVID-19

The COVID-19 outbreak implicates many different laws for employers to consider as they develop and refine their responses to rapidly changing circumstances. The National Labor Relations Act (NLRA) is just one of these laws....more

Proskauer - Labor Relations Update

Congress Passes Labor-Friendly “PRO Act”

On Thursday, February 6, 2020 the U.S. House of Representatives passed the Protecting the Right to Organize Act, also known as the “PRO Act”. The legislation passed mostly along party lines, would provide sweeping changes to...more

Fisher Phillips

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

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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

Troutman Pepper Locke

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

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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

Akerman LLP - HR Defense

Three More Employer Holiday Wishes Granted By National Labor Relations Board

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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

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