News & Analysis as of September 19, 2024

Internal Investigations

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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 -

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

CDF Labor Law LLP on 9/7/2021

CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...more

NLRB GC Issues Guidance Memo Laying Out Changes to Evidence Collection in Unfair Labor Practice Investigations

Proskauer - Labor Relations Update on 6/22/2020

NLRB General Counsel Peter Robb issued a Memorandum on June 17th setting forth new guidelines for how Regions conduct unfair labor practice investigations—specifically, how Regions secure the testimony of former supervisors...more

Employment Flash - February 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 2/14/2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Can I Tell my Employee to Please Shut Up?

Dentons on 1/28/2020

Sometimes the school teacher refrains, “everyone be quiet” or “back to your corners” can feel like an excellent tool for managing employees. However, there are some pitfalls to be aware of when you ask your employees to avoid...more

New Jersey Employers – The NLRB Loosens Restrictions On Confidentiality Instructions For Investigations

Genova Burns LLC on 1/16/2020

On December 16, 2019, the National Labor Relations Board (NLRB) issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson, upholding an employer’s confidentiality instructions to employees involved in...more

NLRB Loosens Two Restrictions on Work Rules

Foley Hoag LLP on 12/20/2019

With its sole Democratic member’s term expiring as of December 16, 2019, the National Labor Relations Board issued a flurry of decisions this week in advance of her departure, including two decisions rolling back Obama-era...more

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

Cohen & Gresser LLP on 9/25/2019

Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace. They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

Littler on 9/16/2019

In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more

NLRB Weighs in on Confidentiality, Personal Use of Company Email, and Other Workplace Policies

Akerman LLP - HR Defense on 4/10/2019

Employers should be careful about designating Employee Handbooks confidential as, according to the National Labor Relations Board’s advice division, that would be unlawful. That advice was contained in one of five memoranda...more

NLRB Decision Serves as Reminder of Weingarten Requirements

Ballard Spahr LLP on 7/20/2018

More than 40 years after the U.S. Supreme Court's decision in NLRB v. Weingarten Inc., the National Labor Relations Board's (NLRB) recent decision in Circus Circus Casinos Inc. serves as a good reminder for employers...more

Weingarten Rights Only Apply When Requested - What Constitutes a Legally Sufficient Request?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/25/2018

The recent split decision of the National Labor Relations Board (NLRB) in Circus Circus Casinos, Inc., 366 NLRB No. 110 (June 15, 2018), is a reminder that the validity of an employee’s request for Weingarten assistance at an...more

Thorough Employer Investigation Helps Establish Employer’s “Honest Belief” of Employees’ Picket Line Misconduct

Proskauer - Labor Relations Update on 5/10/2018

The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more

Unicorn Sighting: NLRB Overturns ALJ Credibility Determination

Proskauer - Labor Relations Update on 3/15/2018

As we have seen, there are few things that can be counted on in labor relations. Oftentimes, several experts look at the same problem and come to vastly different conclusions. What is (almost) guaranteed, however, is that the...more

Investigating Claims of Harassment: A Step-by-Step “How To” – Part 1: The Complaint

BCLP on 1/12/2018

What if you were the Human Resources representative that received a complaint that Harvey Weinstein, Matt Lauer, Charlie Rose, or any of the other number of accused sexually harassed an employee? What if you were the in-house...more

Employees’ Right To Representation During Employer Interviews

Troutman Pepper on 11/27/2017

Q. I am the HR Manager for a non-union workplace and we are investigating an issue involving employee misconduct. One of the employees whom I want to interview has requested that a coworker attend the interview as his...more

How Not to Fire a Union Organizer

Foley & Lardner LLP on 10/20/2015

The best reminders often come from the most obvious situations. In a case decided by the Eleventh Circuit Court of Appeals on October 13, the employer laid down a clear path to remind employers what not to do. Allied...more

And The Beat Goes On… The NLRB's Attack on Confidentiality Continues

Fisher Phillips on 10/1/2015

Many employers believe they have the absolute right to prohibit their workers from disclosing “confidential” information to coworkers and third parties. They are dead wrong. The National Labor Relations Board (NLRB) has...more

eWorkplace Policies Restricting Employees’ Acceptable Use of Technology, Social Media & The Cloud

Fenwick & West LLP on 9/4/2015

I. OVERVIEW – THE MODERN LANDSCAPE - A. Physical Conduct PLUS Digital Activity - Traditional concerns for employers have included: conduct leading to liability to third-parties; “frolic and detour” or other...more

Disciplinary Investigations of Employees – Three Names to Know

Pullman & Comley - School Law on 7/15/2015

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

NLRB Gives Employers a Hangover: Longstanding Anheuser-Busch decision overruled

Obermayer Rebmann Maxwell & Hippel LLP on 7/9/2015

More than 35 years after its decision in Anheuser-Busch, Inc., 237 NLRB 982 (1978), the NLRB has reversed course and held that employers may no longer summarily reject union requests for witness statements obtained in...more

Right to Union Representation Applies to Employer Referrals for Drug and Alcohol Tests, NLRB Rules

Littler on 9/4/2014

The National Labor Relations Board ("Board"), in its July 31, 2014 decision in Ralph's Grocery Co., 361 NLRB No. 9 (2014), ruled that so-called "Weingarten rights" – the general right of a unionized employee to request union...more

National Labor Relations Board Majority Holds That Seeking Co-Worker Assistance with an Individual Harassment Complaint is...

Mintz - Employment, Labor & Benefits... on 8/20/2014

Last week, the NLRB took an exceptionally broad view of what constitutes “concerted activity” and what kind of efforts are aimed at “mutual aid or protection” under the National Labor Relations Act. For employers, this could...more

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