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National Labor Relations Board › Corporate Counsel › Off-Duty Employees

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 -
Constangy, Brooks, Smith & Prophete, LLP

NLRB loosens standard for letting off-duty contractor employees engage in protected activity on third-party premises

Constangy, Brooks, Smith & Prophete, LLP on

On Friday, the National Labor Relations Board, in a 3-2 decision in Bexar County Performing Arts Center Foundation II, changed the standard applicable to property owners seeking to restrict off-duty, outside contractor...more

Jackson Lewis P.C.

NLRB Members Lean Toward Possible Easing Of Restrictions On Off-Duty Employee Access Rules

Jackson Lewis P.C. on

Two of the four members of the National Labor Relations Board (NLRB) have indicated they are willing to rethink a key element of the Board’s more-than-40-year-old precedent regarding employers’ off-duty employee access rules...more

Roetzel & Andress

The Humpty Dumpty Defense Does Not Work For Hospital In Union Organizing Campaign: The Importance Of Carefully Drafting A...

Roetzel & Andress on

“When I use a word,” Humpty Dumpty said, in a rather scornful tone, “It means just what I choose it to mean – neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different...more

Sheppard Mullin Richter & Hampton LLP

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

Sheppard Mullin Richter & Hampton LLP on

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

Fox Rothschild LLP

What Can A California Employer Do About Off Duty Conduct?

Fox Rothschild LLP on

The news is full of stories of employers taking action, or allegedly not taking sufficient action, for employee off duty conduct. The issues are vast and varied, ranging from communicating views about coworkers’ intellectual...more

FordHarrison

Off-Duty Employees Had Right to "Hang Out" on Employer's Property to Publicize Dispute

FordHarrison on

An administrative law judge recently ruled that a Pacific Northwest fast food chain violated the National Labor Relations Act (NLRA) by maintaining a policy that prohibited off-duty employees from loitering or “hanging out”...more

Saul Ewing LLP

NLRB Finds “No Loitering” Policy Unlawful

Saul Ewing LLP on

Many employers assume that they have broad authority to control off-duty employee access to employer property. A recent ruling by the National Labor Relations Board (NLRB) may require a second look at “No Loitering” policies....more

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