News & Analysis as of September 26, 2024

National Labor Relations Board › Consent

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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 -

NLRB Pushes Schools to Release Student Information to Unions: Navigating Privacy Considerations in Light of Recent Guidance

Fisher Phillips on 8/14/2024

Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...more

Labor Board Approves Carefully Crafted Social Media Policies

Jackson Lewis P.C. on 1/22/2021

The National Labor Relations Board (NLRB) has reversed the decision of an administrative law judge (ALJ) and held lawful an employer’s social media policy prohibiting disparagement of the company and others, “inappropriate...more

Employment Flash - May 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 5/29/2019

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

[Podcast]: Can My Employees Do That?

Proskauer - Law and the Workplace on 1/10/2019

In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins conduct the first part in a series of podcasts entitled, “Can My Employees Do That?” In this installment, Harris and Howard discuss workplace...more

Covert Employees: Recording Conversations at Work

Akerman LLP - HR Defense on 9/18/2018

Can an employee secretly record conversations with a co-worker, supervisor, human resources manager or executive and use that recording in a claim or lawsuit against his/her employer? ...more

Circuit Court is asked to Overturn NLRB’s Decision Allowing Surreptitious Workplace Recordings

Obermayer Rebmann Maxwell & Hippel LLP on 3/3/2017

Can employees record conversations at the workplace without the consent of the speakers? Or, can an employer enforce a policy that prohibits employees from recording conversations at work unless they have the consent of all...more

NLRB Finds Increased Use of Joint Employees Justifies Removal of Barriers to Organization

Sheppard Mullin Richter & Hampton LLP on 7/26/2016

On July 11, 2016, the National Labor Relations Board (the “NLRB” or “the Board”) upended more than a decade of precedent and held that a single bargaining unit may be comprised of an employer’s direct hires and the temporary...more

NLRB Reverses Course Again: Organizing Temporary Workers Just Got Easier

Stoel Rives - World of Employment on 7/25/2016

The NLRB recently reversed course again to allow temporary employees provided by a staffing agency to join regular employees in a single bargaining unit without the consent of the employer or the staffing agency. Miller &...more

NLRB Makes it Easier for Temporary Workers to Unionize

Miller & Martin PLLC on 7/14/2016

In a 3-1 decision issued this week, the National Labor Relations Board (NLRB) has reinstated a union-friendly standard that makes it easier for temporary workers to unionize either on their own or as part of a bargaining unit...more

NLRB Allows Single Bargaining Unit for Sole and Joint Employer Employees

Ballard Spahr LLP on 7/14/2016

In the much-anticipated Miller & Anderson, Inc., decision, the National Labor Relations Board has reverted to a policy allowing solely employed and jointly employed employees to be represented in the same bargaining unit...more

Overruling Precedent, NLRB Holds Bargaining Units of Jointly and Solely Employed Employees May Elect Union Representative Absent...

Jackson Lewis P.C. on 7/13/2016

In a departure from more than a decade-long precedent, the National Labor Relations Board has held that Board-conducted representation elections in bargaining units combining employees who are (a) jointly employed by a user...more

NLRB Paves the Way for Bargaining Units Composed of Employees of Two Different Employers

Littler on 7/13/2016

In a widely anticipated decision, the National Labor Relations Board has reversed its 2004 decision in Oakwood Care Center, and determined a union seeking to represent employees in a bargaining unit composed of employees...more

National Labor Relations Board Makes Unionizing of Staffed Workforces Much Easier

Cozen O'Connor on 7/13/2016

On Monday, July 11, the National Labor Relations Board gave a big gift to unions trying to organize staffing company employees and employees in workplaces combining supplied employees and employees working solely for a user...more

NLRB Holds Employer Consent Not Required for a Union to Represent a Bargaining Unit Combining both Regular and Temporary Employees

FordHarrison on 7/13/2016

In a July 11, 2016, decision that will make it easier for unions to organize temporary employees, the National Labor Relations Board (NLRB) overruled existing precedent and held a union may represent a bargaining unit...more

Are Pennsylvania Employers Safe to Prohibit Recordings in the Workplace?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2016

In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes...more

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National Labor Relations Board › Consent

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