News & Analysis as of

The National Labor Relations Act

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -

The NLRB Rings in the New Year by Unringing a Few Bells

by Hinshaw & Culbertson LLP on

Over the last month, we have seen a number of significant restorations of status quo antes. These have come in the form of reverting to earlier precedent, regulations, or guidance. Without further ado, we present some of the...more

Boeing Decision Forges New Balance Between NLRA Rights and Social Media Policies

Under Section 7 of the National Labor Relations Act (NLRA), all employees have a right to engage in protected concerted activity, even if they are not unionized. Such activities include those performed for the mutual aid or...more

NLRB Issues Employer-Friendly Decision Regarding Employee Handbooks

by Reminger Co., LPA on

On December 14, 2017, in The Boeing Company, 365 NLRB 154 (2017), the National Labor Relations Board (“NLRB”) established a new standard for reviewing employee handbook provisions that allegedly restrict an employee’s rights...more

What Does New Employee Handbook Standard Mean?

by Ruder Ware on

Attorney Bob Reinertson wrote recently about a decision of the National Labor Relations Board that significantly changed how the NLRB will review workplace policies and employee handbooks to determine whether they are in...more

National Labor Relations Board Reverses Course on Joint Employer Test

by Perkins Coie on

The National Labor Relations Board (NLRB) issued a decision relating to the test for joint employment under the National Labor Relations Act (NLRA). The decision upheld the Administrative Law Judge’s ruling that two entities...more

Legislation Exempting Tribes From The National Labor Relations Act Passes The House

by Varnum LLP on

The Tribal Labor Sovereignty Act (TLSA) passed the House of Representatives in the afternoon on January 10, 2018, with a 239-173 vote. The TLSA, if it becomes law, will exclude "any Indian tribe, or any enterprise or...more

Labor Law 2017: Year in Review

by McGuireWoods LLP on

As a new administration took the reins for the first time in eight years, employers, employees, unions, labor lawyers and observers alike all wondered what to expect from President Donald J. Trump. Would he govern much like...more

Joint Employer Standard Relaxed – For Now

by Akerman LLP - HR Defense on

Business owners, franchisors, contractors, and staffing agencies can breathe a little easier – for the moment – following the National Labor Relations Board’s reversal last month of a controversial Obama-era standard that...more

As Legislation Stalls, Tribes Remain Under National Labor Relations Act: What Should Tribal Employers Do Next?

by Varnum LLP on

Despite hopeful signs in early 2017, a proposed federal law to exempt Indian tribes and tribal employers from the National Labor Relations Act (NLRA) has failed to progress beyond the most introductory legislative stages as...more

NLRB Rules Joint Employer Test Hinges On Control Over Employment Terms

by Fox Rothschild LLP on

The National Labor Relations Board has ruled that the test for determining whether a joint employer relationship exists hinges on whether the entities have “direct and immediate control” over employment terms. In doing so,...more

National Labor Relations Board Ends 2017 with a Flurry of Significant Decisions Reversing Recent Pro-Employee Precedents

by Dechert LLP on

Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes - Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more

The Top 10 Class-Action-Related Developments of 2017

by BakerHostetler on

2017 was a relatively quiet year for major class action news, especially in the Supreme Court, which addressed only a handful of cases that might have an impact on class actions and reached decisions only in a couple of those...more

WEB EXCLUSIVE December 2017: The Top 14 Labor And Employment Law Stories

by 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 were an unprecedented number of changes each month in 2017. December was no different,...more

NLRB Tosses "Overwhelming Community of Interest" Standard and Returns to the "Traditional Community of Interest" Standard in...

by FordHarrison on

On December 15, 2017, the National Labor Relations Board (NLRB or Board) overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), which required an “overwhelming community of interest” when...more

Workplace Civility Legal Again

by Akerman LLP - HR Defense on

Rules mandating workplace civility and protection of confidential business information — recently the target of the National Labor Relations Board — are lawful again....more

Labor Board Sets New Standard For Determining Lawfulness Of Facially Neutral Workplace Rules

by Jackson Lewis P.C. on

The National Labor Relations Board has established a new test for evaluating the lawfulness of an employer’s facially neutral workplace policies and rules. Among the most consequential of the Board’s recent bombshell NLRB...more

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

by Fisher Phillips on

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

New Year, New NLRB

by Nexsen Pruet, PLLC on

As we enter the New Year, the National Labor Relations Board (NLRB) is under new leadership and has begun returning the nation to a more balanced labor policy. The NLRB is responsible for enforcing the National Labor...more

Republican Majority at NLRB Brings Important Pro-Employer Decisions

by Genova Burns LLC on

The recent, temporary Republican majority at the NLRB brought several important changes to Board decisions issued during the Obama Administration. In early December Republican appointees of President Trump briefly held a...more

Labor & Employment E-Note - December 2017

by Burr & Forman on

In the past eight plus years, the National Labor Relations Board (the “NLRB” or the “Board”) with a Democratic majority under former President Barack Obama (the “Obama Board”) has issued labor friendly decisions that have had...more

Recent Changes From The National Labor Relations Board Favor Employers

by Poyner Spruill LLP on

The National Labor Relations Board (NLRB) recently issued several opinions reversing Obama-era precedent. These changes are all employer-favorable and reduce the risk an employer’s policies or activities will be deemed...more

End of the Year Whirlwind for Labor and OSHA Matters! Part II of III – NLRB.

by Fisher Phillips on

No other agency so radically changed the law under the Obama Administration; nor galvanized so much management-side resistance as the National Labor relations Board (NLRB). So it seems appropriate that the NLRB would stagger...more

NLRB Reverses Obama-Era Joint Employer Test

by Foley & Lardner LLP on

Over the course of one afternoon, the National Labor Relations Board (NLRB) issued two significant decisions that together overturned several of the Obama administration’s most polemic legal positions under the National Labor...more

NLRB Gives Employers More Leeway To Enforce Work Rules That Could Be Construed To Interfere With Section 7 Rights

by Fox Rothschild LLP on

The National Labor Relations Board has ruled that an employer does not necessarily violate the National Labor Relations Act by maintaining a facially neutral work rule, policy or handbook provision that could be reasonably...more

NLRB Delivers Holiday Gift to Employers in the Form of New Standard for Workplace Civility Rules

by Foley & Lardner LLP on

As explained in this companion article, the National Labor Relations Board (NLRB) gave employers an early holiday gift with its reversal of the Obama-era joint employer test. But the Board had even more holiday cheer to...more

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