News & Analysis as of September 19, 2024

The National Labor Relations Act

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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 -

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

BakerHostetler on 7/17/2024

Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more

NLRB Telegraphs Possible New Standard for Employee Email Use

Bodman on 10/5/2022

On Friday, September 30, 2022, the NLRB reversed its earlier stance that Chelsea Befort was lawfully terminated for violating T-Mobile’s electronic communications policy. Ms. Befort sent mass emails to all 595 Customer...more

NLRB Alters Timing Requirements for Electronic Notice Posting in Workplaces Impacted by COVID-19

Proskauer - Labor Relations Update on 6/3/2022

In a decision issued on June 2, the National Labor Relations Board modified the timing of its electronic notice-posting requirement in circumstances where an employer has not yet reopened its facility due to COVID-19, or...more

The Cons Of The PRO Act

Constangy, Brooks, Smith & Prophete, LLP on 3/16/2021

The Protecting the Right to Organize Act of 2021 (also known as the “PRO Act”) is back with its laundry list of organized labor’s most-wanted government handouts. After decades of declining membership, unions see the PRO Act...more

NLRB Upholds Ban On Use Of Company Email For Union Organizing

Fisher Phillips on 6/2/2020

The National Labor Relations Board took the opportunity last week to double down on its recent reversal of the Purple Communications doctrine, holding that T-Mobile USA did not violate federal labor law by implementing a rule...more

NLRB: Confidentiality, Cell Phone, Electronic Communications Policies Lawful Under NLRB’s Work Rules Decisions

Jackson Lewis P.C. on 3/2/2020

Applying its decisions in Boeing Co. (365 NLRB No. 154) and Caesars Entertainment Corp. (368 NLRB No. 143), the National Labor Relations Board (NLRB) has overturned an Administrative Law Judge’s (ALJ) finding that an employer...more

Employment Law Now IV-54- A Guest Discussion on 3 Significant Government Decisions

Cozen O'Connor on 2/13/2020

Podcast host Michael Schmidt is joined by Dan Johns, a partner in Cozen O'Connor's Labor and Employment Department, to talk about 3 significant NLRB decisions affecting all employers in the areas of (1) employee use of...more

National Employment Perspective: Focus on the NLRB and Employee Communication

Shook, Hardy & Bacon L.L.P. on 1/9/2020

Recent Changes to NLRB Guidance Regarding Employers’ Policies Involving Employee Communication - Two recent decisions by the National Labor Relations Board (NLRB) have significantly overturned earlier rulings regarding...more

National Labor Relations Board Expands Employers’ Rights to Enforce Workplace Rules

Pierce Atwood LLP on 1/8/2020

In a pair of significant year-end rulings, the National Labor Relations Board overturned two Obama-era precedents that had restricted the ability of both unionized and non-unionized employers to limit the use of company email...more

Two New NLRB Decisions Allow Employers to Limit Use of Its Email System and Preserve Confidentiality of Workplace Investigations

Troutman Pepper on 1/7/2020

Q: What is the current rule on whether an employee can use our company’s email system to distribute union material? Also, are we permitted to require employees to keep workplace investigations confidential without running...more

Three More Employer Holiday Wishes Granted By National Labor Relations Board

Akerman LLP - HR Defense on 12/24/2019

The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are...more

NLRB Issues a Flurry of Decisions, Revealing Several Anticipated Gifts for Employers Just in Time for the Holidays

Seyfarth Shaw LLP on 12/24/2019

Seyfarth Synopsis: The National Labor Relations Board, pushed out a number of noteworthy decisions early this week. The Board’s holiday rush coincided with the departure of its sole Democratic member, Lauren McFerran, who...more

Employers May Now Forbid Employees Using Co. Email for Protected Concerted Activities, Forbid Employees from Discussing On-Going...

Sheppard Mullin Richter & Hampton LLP on 12/23/2019

The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more

NLRB restores employers’ right to control email, IT systems

Bricker Graydon LLP on 12/20/2019

On December 16, 2019, the National Labor Relations Board (NLRB) issued a major decision restoring employers’ property rights in the use of email and other IT resources. In Caesar’s Entertainment, the NLRB held that employees...more

NLRB Confirms Prohibiting Use Of Company Equipment, Including Work Emails, Is Lawful

Fisher Phillips on 12/19/2019

The National Labor Relations Board decided Tuesday, December 17th, that employees have no statutory right to use an employer’s equipment, including work emails and IT resources. Therefore, employers may legally restrict the...more

NLRB (Mostly) Restores Employers’ Right to Restrict Use of Their Email Systems

McNees Wallace & Nurick LLC on 12/19/2019

In 2014, the NLRB held in Purple Communications that employers must allow their employees to use company email systems to engage in union activities and other protected conduct under the National Labor Relations Act. Last...more

Board Overturns Purple Communications, Restores Employer Right to Restrict Email Use

Littler on 12/19/2019

On December 17, 2019, in a 3-1 decision split along party lines, the National Labor Relations Board (NLRB) restored to employers the right to restrict employees from using company email systems for nonbusiness purposes. The...more

Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for...

Snell & Wilmer on 12/18/2019

Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. In a decision involving a Las Vegas employer, the Board held...more

NLRB Restores Employers’ Right to Restrict Employees’ Personal Use of Company Email and Other IT Resources

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/18/2019

In Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, Case 28-CA-060841 (December 16, 2019), the National Labor Relations Board (NLRB) ruled that employees do not have a statutory right under the National Labor...more

NLRB Reverses Purple Communications – Holds Employer May Restrict Employees’ Use of Email and Other Information Technology Systems

Epstein Becker & Green on 12/18/2019

On December 17, 2019, the National Labor Relations Board (“Board”) ruled that an employer’s rule prohibiting use of its email system for nonbusiness purposes did not violate employees’ rights under the National Labor...more

NLRB Strengthens Right to Restrict Non-Work Use of Company Email

Hogan Lovells on 12/18/2019

On December 16, 2019, the National Labor Relations Board (the “Board”) issued a new decision that strengthens employers’ right to restrict employees from using company email for non-work reasons. Caesars Entertainment, No....more

NLRB Revisiting Rule On Employees Use Of Employer’s Email System

Jackson Lewis P.C. on 8/14/2018

The National Labor Relations Board has invited briefs on whether it should modify or overrule its rule under the National Labor Relations Act, established in Purple Communications, that employers must permit employees who...more

NLRB Revisiting Use of Employer E-Mail Systems

Holland & Hart - Employers' Lawyers on 8/3/2018

On August 1, 2018, the National Labor Relations Board (NLRB or Board) issued an invitation for interested parties to file briefs on whether the Board should change or overrule its 2014 decision in Purple Communications, Inc.,...more

Lessons for Employers in the Case of a Former Google Software Engineer Fired for Violating Company Anti-Discrimination Policies

Hinshaw & Culbertson LLP on 2/26/2018

Earlier this week, an NLRB attorney issued an advice memo concluding that software giant Google did not violate Section 7 of the National Labor Relations Act ("NLRA"), when the company terminated software engineer James...more

NLRB Affirms Stance on Employee Use of Company Email During Non-Work Time

Pullman & Comley - Labor, Employment and... on 4/27/2017

The National Labor Relations Board (NLRB) recently affirmed its 2014 decision in Purple Communications, Inc. and Communications Workers of America, AFL–CIO which held that if employees are granted access to their employer’s...more

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