News & Analysis as of September 21, 2024

National Labor Relations Board › Chilling Effect

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Labor law roundup

Constangy, Brooks, Smith & Prophete, LLP on 9/1/2023

I hope this won't ruin your Labor Day weekend. The employer-unfriendly decisions from the National Labor Relations Board have been coming fast and furious. In honor of the holiday, here's a short recap. As you probably...more

Employers – Are Your Work Rules Overly Restrictive?

McGlinchey Stafford on 9/1/2023

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

Employers Beware of NLRB’s New Work Rules

Weintraub Tobin on 8/18/2023

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued a decision in Stericycle, Inc., in which they adopted new rules for evaluating whether the policies related to employee conduct in employee handbooks...more

In light of recent NLRB decision, employer workplace rules face more aggressive scrutiny

Constangy, Brooks, Smith & Prophete, LLP on 8/17/2023

The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more

Federal Court Reverses NLRB “Positive Work Environment” Handbook Decision

Ruder Ware on 8/2/2017

The National Labor Relations Board (NLRB) created controversy a couple of years ago when it ruled that handbook policies maintained by T-Mobile USA requiring employees to maintain a positive work environment were illegal...more

Don’t Feed The Trolls: What Employers Can Do To Combat Internet Trolls

Fisher Phillips on 5/10/2017

...The internet has forever changed the way information is shared. The rapid-fire online patter produces comments and information that could be both helpful and harmful to an employer and its employees. On the one hand, such...more

NLRB Strikes Healthcare Facility Conduct Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/6/2016

The National Labor Relations Board (NLRB) has provided clear signals that the unique, patient-centric environments of general hospital and medical centers—and even surgical services and perianesthesia departments—will not...more

An Unfair Employer Policy Roundup to Help Avoid Unfair Labor Practices

Foley & Lardner LLP on 6/15/2016

For the past few years, the National Labor Relations Board (NLRB) has been on the warpath over employer personnel policies (and in turn, we at Labor & Employment Law Perspectives have missed few opportunities to point out the...more

NLRB Nixes “No Recording” Rule

Sherman & Howard L.L.C. on 1/5/2016

In Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), a divided three-member panel of the NLRB ruled that an employer’s blanket rule prohibiting workplace recording of conversations, phone calls, or images with a...more

The Second Circuit Tackles Employee Rights, Obscenities & Social Media Use

Morrison & Foerster LLP - Social Media on 11/24/2015

Employers took note last year when the National Labor Relations Board (NLRB) ruled that “liking” a Facebook post can qualify as protected activity under the National Labor Relations Act (NLRA). The NLRB held that the owner of...more

Why Getting Handbooks Right Matters: NLRB Judge Holds Verizon’s Restrictions on Employee Communications During Non-Working Time...

Mintz - Employment, Labor & Benefits... on 10/2/2015

Despite previous NLRB rulings telling them to stop, some employers continue to impose broad prohibitions on personal employee communications over company email. As an administrative law judge recently reminded us, failing to...more

Be Careful What You Say During a Union Organizing Campaign

Foley & Lardner LLP on 9/16/2015

At the same time that the current National Labor Relations Board is giving employees what seems like the unfettered ability to engage in disparagement, profane outbursts, and racist comments that accompany protected union or...more

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National Labor Relations Board › Chilling Effect

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