News & Analysis as of September 21, 2024

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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... 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 -

Top Five Labor Law Developments for May 2022

Jackson Lewis P.C. on 6/16/2022

1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more

Tesla and Musk Get a Shock from the NLRB – Tesla CEO Ordered to Delete Union Tweet and Eliminate Overly Broad Confidentiality...

Proskauer - Labor Relations Update on 4/2/2021

In its March 25 decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (“NLRA”) after prohibiting employees from talking to the media; (2) Tesla did not violate the Act by calling...more

When Twitter Fingers Cross a Line: An Employer’s Guide to Navigating Offensive Off-Duty Employee Conduct

Miles & Stockbridge P.C. on 6/15/2020

You don’t need a legal blog to tell you that the country is in a state of extreme unrest regarding the killings of George Floyd, Ahmaud Arbery, Breonna Taylor and so many other Black people, at the hands of police and in...more

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

Dorsey & Whitney LLP on 11/13/2017

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

NLRB Continues to Target Employers’ Social Media Policies

Poyner Spruill LLP on 3/29/2016

In recent years, the National Labor Relations Board has placed increasing scrutiny on employers’ social media policies. The NLRB has specifically focused on whether such policies unlawfully interfere with employees’ right...more

Is Tweeting A Protected Concerted Activity?

Allen Matkins on 3/25/2016

According to the NLRB’s recent ruling in Chipotle Servs. LLC, 2016 BL 76781, tweeting can be a protected activity. In that decision, the presiding ALJ determined that Chipotle violated the NLRA when it directed an employee to...more

Discipline Based on Social Media Activity – An Update

Zelle LLP on 11/6/2015

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

NLRB Continues Aggressive Crackdown on Social Media Policies

Mintz - Employment, Labor & Benefits... on 9/4/2014

In the past few years the National Labor Relations Board (“NLRB”) has taken an increased interest in whether workplace policies prohibiting employees from discussing the terms and conditions of their employment on social...more

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