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The National Labor Relations Act › Section 7 › Employment Policies

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 -
Seyfarth Shaw LLP

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

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An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

BakerHostetler

Employee Handbooks Remain Under Board Attack

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During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

Fisher Phillips

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

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Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more

Parker Poe Adams & Bernstein LLP

Managers Not Protected by NLRA Concerted Activity Rules

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Over the past few years, the National Labor Relations Board has taken aggressive measures to extend labor law protections to some non-unionized employees. These decisions have involved employer policies restricting social...more

Arnall Golden Gregory LLP

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

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Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters...more

Venable LLP

Emerging Employee and Student Handbook Updates for the 2024-2025 School Year

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Each year, new issues, technologies, and events impact the way that independent schools set and carry out their expectations, values, and procedures in their communities. As independent schools embark on the 2024-2025 school...more

BakerHostetler

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

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On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

Morgan, Brown & Joy, LLP

National Labor Relations Board Rules Employer Violated the Law in Prohibiting Employee from Displaying Black Lives Matter Symbol...

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On February 21, 2024, in a decision that provoked strong dissent, the National Labor Relations Board (the “Board”) ruled in Home Depot USA, Inc. and Antonio Morales Jr. that Home Depot violated the National Labor Relations...more

Laner Muchin, Ltd.

Employers Need to Review Workplace Rules and Policies Following Recent NLRB Decisions

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On August 22, 2023, we advised all employers—whether their workforces are unionized or not—about the National Labor Relations Board (NLRB) decision in Stericycle, Inc. In Stericycle, the NLRB articulated its new standard in...more

Proskauer - Labor Relations Update

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

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The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more

Cooley LLP

Year-End Tasks for US Employers Facing Compliance Obligations

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In recent years, we have seen numerous notable employment and labor law developments annually, and 2023 was no exception. As the year comes to a close, US employers should take time to prepare for 2024 by reviewing their key...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

Locke Lord LLP

NLRB Strengthens Employee Protections in Employee Handbooks, Work Rules

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Under the Biden administration, the National Labor Relations Board (“Board”) has significantly tightened restrictions on employers in an effort to further the rights of employees to engage in protected, concerted activity...more

Davis Wright Tremaine LLP

Workplace Policy Updates Required: What Employers Need to Know About the NLRB's Stericycle Decision

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Are your employee handbooks and policies "chilling" employee conduct? This and other questions, answered - Employers should take note, the NLRB's recent Stericycle decision has broad implications for all U.S. employers...more

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

The Practical NLRB Advisor: Fall 2023

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Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more

Orrick, Herrington & Sutcliffe LLP

NLRB Decision Establishes New Standards for Workplace Policies

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This summer, the NLRB adopted a new standard for assessing the lawfulness of workplace policies. Overruling its 2017 decision in Boeing that relaxed scrutiny of workplace policies, the NLRB ruled in Stericycle that a...more

Seyfarth Shaw LLP

We’ve Got a Test Case: The NLRB Files its First Complaint Challenging the Validity of Restrictive Covenants

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The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a...more

Schwabe, Williamson & Wyatt PC

Handbook Changes on the Horizon, There’s a New NLRB Sheriff in Town‎

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On August 2, 2023, the National Labor Relations Board (“NLRB”), with a majority of members nominated by President Biden, issued a long-awaited decision in Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113 (2023))...more

Seyfarth Shaw LLP

NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees

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On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor...more

Sheppard Mullin Richter & Hampton LLP

NLRB Expands Scope of What Is Considered Protected Concerted Activity in Workplaces

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On August 31, 2023, the National Labor Relations Board (“NLRB” or “Board”) adopted a broader test for what is considered “protected concerted activity” under the National Labor Relations Act (“NLRA” or the “Act”). Section 7...more

McGlinchey Stafford

Employers – Are Your Work Rules Overly Restrictive?

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In Stericycle, Inc. vs. Teamsters Local 628 (August 2, 2023), the National Labor Relations Board (NLRB) adopted a new and more stringent legal standard for determining whether a work rule is overly restrictive, finding that...more

Lathrop GPM

Handbooks and Policies - Time to Revise Them After NLRB Ruling, or Another Pendulum Swing?

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The answer after the Stericycle ruling is likely “both.”  As the composition of the NLRB (National Labor Relations Board) changes, the roller coaster continues, making it difficult for businesses – whether private,...more

Fisher Phillips

Snapshot on Manufacturing Industry: Your Handbook Might Need Immediate Changes

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Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is...more

Manatt, Phelps & Phillips, LLP

NLRB Adopts New Standard for Employer Work Rules

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The National Labor Relations Board (NLRB) has adopted a new standard for evaluating challenges to employer work rules as facially unlawful under Section 8(a)(1) of the National Labor Relations Act (NLRA), overruling a...more

Foster Swift Collins & Smith

NLRB Puts Employment Handbooks Under More Scrutiny

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Employers often have workplace policies which are typically contained in an employment handbook. These handbooks may include policies regarding the confidentiality of business information, the use of cell phones during work,...more

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