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National Labor Relations Board › Conflicts of Interest

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... more +
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 -
Mitchell, Williams, Selig, Gates & Woodyard,...

The Pendulum Swings Back: NLRB Targets Neutral Work Rules in Reversal of Prior Ruling

Mitchell, Williams, Selig, Gates & Woodyard,... on

Think over the policies in your handbooks. Do you have one that requires workplace civility (“thou shalt not be disrespectful or insubordinate to thine co-workers or supervisors”)? Or one that requires that employees keep...more

Jackson Lewis P.C.

Top Five Labor Law Developments for October 2021

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1. The National Labor Relations Board (NLRB), its Regions 2 (New York), 22 (Newark), and 29 (Brooklyn) and the Consulate General of México in New York have signed an agreement formalizing the relationship between the NLRB and...more

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

Beltway Buzz - October 2021 #4

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

Congress: Lather. Rinse. Repeat. After scuttling plans last month to vote on both a $1.2 trillion bipartisan “hard infrastructure” bill that the U.S. Senate approved, 69–30, on August 10, 2021, and a proposed $3.5 trillion...more

Jackson Lewis P.C.

Top Five Labor Law Developments For July 2020

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1. The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise...more

DirectEmployers Association

OFCCP Week In Review: June 2020 #3

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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

Jackson Lewis P.C.

NLRB Chairman Refuses Lawmakers’ Request For Ethics Documents

Jackson Lewis P.C. on

National Labor Relations Board Chairman John Ring has again informed Democratic leaders of the U.S. House of Representatives Committee on Education and Labor that the Agency will not release documents they requested related...more

Fisher Phillips

Federal Court Upholds Unworkable Joint Employer Test

Fisher Phillips on

With one final jolt to end the year, a federal appeals court ruled Friday that the impractical joint employer test originally adopted by the Obama-era National Labor Relations Board in 2015 was properly enacted and therefore...more

Vedder Price

NLRB Handbook Rules Change Like the Wind Post-Boeing

Vedder Price on

On June 6, 2018, the Office of the General Counsel of the National Labor Relations Board (“the NLRB” or “the Board”) published its most recent memo concerning employer handbook policies. The memo’s guidance reflects a stark...more

Sheppard Mullin Richter & Hampton LLP

NLRB Confirms That It Intends To Proceed With Rulemaking On Joint Employer Standard

Sheppard Mullin Richter & Hampton LLP on

On June 5, 2018, in response to a May 29, 2018 letter from Sen. Elizabeth Warren (D-MA), Sen. Bernard Sanders (I-VT), and Sen. Kirsten Gillibrand (D-NY), National Labor Relations Board (“NLRB” or “Board”) Chairman John Ring...more

Proskauer - Labor Relations Update

NLRB Considers Rulemaking to Address Hotly-Contested Joint-Employer Standard

Proskauer - Labor Relations Update on

As we previously reported the NLRB’s “joint employer” standard has vacillated over the last several years, and currently remains in flux. For historical reference, the NLRB expanded the scope of joint-employment in 2015 in...more

Fisher Phillips

Labor Board Will Soon Issue New Rule To Solve Joint Employment Dilemma

Fisher Phillips on

In a rare procedural move that caught many by surprise, the National Labor Relations Board announced on Wednesday that it will soon start the rulemaking process to clarify the current joint employment standard. Perhaps...more

Parker Poe Adams & Bernstein LLP

NLRB Vacates Joint Employer Decision Based on Possible Conflict

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Earlier this year, EmployNews reported that the National Labor Relations Board had reversed its controversial 2015 Browning-Ferris decision, which set a new standard for joint employer liability for labor law violations. In...more

Sheppard Mullin Richter & Hampton LLP

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

Sheppard Mullin Richter & Hampton LLP on

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Foley & Lardner LLP

Liability for Employee Misclassification is on the NLRB’s Chopping Block

Foley & Lardner LLP on

The National Labor Relations Board (NLRB) has recently taken one step forward, two steps back in terms of providing certainty to employers that use independent contractors. On February 16, the NLRB invited briefing on the...more

Proskauer - Labor Relations Update

ABOUT FACE! Under Pressure, NLRB Vacates Joint Employer Standard and Returns to Browning-Ferris

Proskauer - Labor Relations Update on

In an unexpected and critical turn of events, after extensive political pressure, the NLRB, sitting as a three-member panel comprised of Chairman Kaplan and Members Pearce and McFerran, vacated last year’s decision in...more

Parker Poe Adams & Bernstein LLP

New NLRB Chair's Dissent May Point to Future Board Position on Challenges to Employee Handbook Policies

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Over the past several years, the National Labor Relations Board (NLRB) has repeatedly found that standard employee handbook provisions violate employees’ rights under Section 7 of the NLRA. These cases conclude that a variety...more

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

You Said It, Now We’re Going to Hold You to It! Hospitals Estopped From Asserting Disqualification Argument.

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

In theory, it is not an unfair labor practice to refuse to negotiate with a union engaged in competition with the employer—unless, of course, the employer gave the union other reasons for refusing to negotiate. The...more

Parker Poe Adams & Bernstein LLP

NLRB Says General Conflict of Interest Policies Violate Federal Labor Law

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Another week, another National Labor Relations Board decision concluding that a standard employee handbook policy violates employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. This time,...more

Foley & Lardner LLP

An Unfair Employer Policy Roundup to Help Avoid Unfair Labor Practices

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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

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #2

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Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Akerman LLP - HR Defense

The NLRB Expands Its Reach in the Non-Union Workplace

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The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of...more

Benesch

NLRB Declares “Conflict-of-Interest” Policy to be Unlawful on Its Face

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In a controversial decision, the NLRB found that a conflict-of-interest policy in an employee handbook is unlawful on its face. This ruling could deem many current conflict-of-interest policies unenforceable, creating harsh...more

McGuireWoods LLP

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 3 Trademarks and Logos, Photography and Workplace Recording, Leaving Work,...

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On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks....more

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