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The National Labor Relations Act › Wal-Mart

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 -
Venable LLP

NLRB Rules That Workplace Policies Restricting Wearing of Union Insignia Are Unlawful Absent "Special Circumstances"

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​​​​​​​In a recent 3-2 decision titled Tesla, Inc., the National Labor Relations Board (NLRB) ruled that workplace policies restricting the wearing of union insignia or apparel are presumptively unlawful, even if those...more

Payne & Fears

NLRB Makes It Harder for Employers to Enforce Dress and Uniform Policies

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On Aug. 29, 2022, the National Labor Relations Board (“NLRB”) issued its decision in Tesla, Inc., 371 NLRB No. 131 (2022), one of the first major decisions by the now Democratic-controlled board to overrule a decision from...more

Proskauer - Labor Relations Update

NLRB Finds Restriction on Wearing Union Insignia In Workplace Unlawful

Proskauer - Labor Relations Update on

In a continuation of the current National Labor Relations Board’s (“NLRB” or “Board”) reversal of recent precedent established by the NLRB under the prior administration, on August 29, 2022, the Board held that Tesla, Inc.’s...more

Franczek P.C.

Your Neutral Uniform Policy May Violate the NLRA

Franczek P.C. on

In Tesla Inc., the National Labor Relations Board (“Board”) recently reversed a 2019 decision in Wal-Mart Stores Inc. that gave employers leeway when adopting neutral non-discriminatory dress codes. Instead, the Board applied...more

Sherman & Howard L.L.C.

NLRB Cracks Down on Neutral Employer Dress Code Policies That Result in De Facto Ban of Union Apparel

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Absent “special circumstances,” an employer violates the National Labor Relations Act (“Act”) when its neutral dress code policy results in a bar on pro-union apparel in the workplace. In a decision involving automaker Tesla,...more

DirectEmployers Association

OFCCP Week In Review: December 2019 #5

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Proskauer - Labor Relations Update

Buttoning Up Rules on Union Insignia – Board Makes It Easier for Employers to Restrict Size and Scope of Union Buttons For Those...

Proskauer - Labor Relations Update on

The Board continues churning out precedent-setting decisions as year-end approaches. Two days before the Christmas holiday, in Wal-Mart Stores, Inc., 368 NLRB No. 146 (Dec. 16, 2019), the NLRB applied its new view on handbook...more

Benesch

NLRB Blesses Wal-Mart Policy Restricting Union Insignia at Work

Benesch on

Just before Christmas, the National Labor Relations Board (“NLRB”) evaluated two dress code policies limiting - but not prohibiting - employees from wearing union insignia at work. Wal-Mart Stores, Inc., 368 NLRB No. 146...more

Husch Blackwell LLP

Repeated Strikes In Furtherance Of Common Goal Defeats Protected Status For Strikers

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Key Points- Direct evidence of a plan to engage in repeated strikes to achieve a common goal establishes that such strikes are unprotected, intermittent strikes. Only in the absence of direct evidence will the Board...more

Burr & Forman

NLRB Confirms that Intermittent Strikes in Furtherance of an Unchanging Goal are Unprotected

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In Walmart Stores, Inc., 368 NLRB No. 24 (July 25, 2019), a majority of the National Labor Relations Board (“NLRB” or “Board”) reaffirmed that a union’s intermittent strike scheme is unprotected where the short duration...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Confirms that Intermittent Strikes in Furtherance of the Same Goal are Unprotected

Sheppard Mullin Richter & Hampton LLP on

The National Labor Relations Act’s (NLRA or Act) Section 7 grants to all employees — regardless of whether they are unionized or not — the right to engage in protected concerted activity (PCA). Accordingly, an employer may...more

Proskauer - Labor Relations Update

Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority

Proskauer - Labor Relations Update on

This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the government. Walking off the job is, of course, a staple of labor action, and...more

Jackson Lewis P.C.

Employees Unlawfully Disciplined for In-Store Protest, Labor Board Decides

Jackson Lewis P.C. on

Six employees who stopped work and engaged in an in-store protest over their alleged mistreatment by a supervisor and to secure permanent jobs for temporary employees were unlawfully disciplined, the National Labor Relations...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2016 #3

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LA Doubles Down on Sick Leave, Minimum Wage Increase - Why it matters - Already facing new California employment-related requirements—including the adoption of mandatory sick leave and an uptick in the minimum...more

Bradley Arant Boult Cummings LLP

Can Your Non-Union Workers Strike? Yes, They Can.

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If your employees don’t have a union and they stop working, can you discipline them? In a recent decision, an Administrative Law Judge for the National Labor Relations Board said not if it is a true strike and not just an...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - April/May 2015

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NLRB “quickie election” rule takes effect - On April 6, President Obama vetoed a joint resolution of Congress that sought to block the “quickie election” rule issued by the National Labor Relations Board....more

Constangy, Brooks, Smith & Prophete, LLP

In Light Of NLRB Ethics Probe, Is Walmart Social Media Policy Still Ok?

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Remember that one little bone that the National Labor Relations Board threw to employers on social media policies? The guidance was generally atrocious, but in the last memorandum of the Acting General Counsel a policy...more

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