News & Analysis as of September 25, 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 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

Cell Phone Use on Hold in Manufacturing Plants After Recent NLRB Decision

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/29/2020

The National Labor Relations Board (NLRB) issued a supplemental decision on May 20, 2020, finding lawful a policy prohibiting employees from possessing or using their cell phones on the manufacturing floor or at their...more

New NLRB Memo Addresses Social Media and Cell Phone Policies

Parker Poe Adams & Bernstein LLP on 7/3/2019

Following its Boeing Company decision, the National Labor Relations Board continues to issue advisory opinions regarding the legality of common employer policies under the National Labor Relations Act. The policies are...more

How Can Employers Prevent Workplace Recording?

McGuireWoods LLP on 8/30/2018

The recent revelation that Omarosa Manigault Newman secretly recorded her conversations with President Donald Trump and Chief of Staff John Kelly in purportedly the most secure workplace in the country once again highlights...more

A Holiday Gift for Employers: NLRB Hands Down New Book for Employee Handbooks

Faegre Drinker Biddle & Reath LLP on 12/19/2017

In a 3-2 decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), the National Labor Relations Board (Board) backed away from 13 years of employee-friendly precedent concerning rules, policies and handbooks by...more

Another Federal Appeals Court Rejects Workplace Recording Bans

Fisher Phillips on 8/21/2017

The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...more

Employment Law Navigator – Week in Review: June 2016

Zelle LLP on 6/7/2016

Last week, Kris Dunn of Fist Full of Talent offered some sage advice about sexual harassment training. He recommended using real world examples and creating debate about what is and isn’t sexual harassment. This advice was...more

That is SO last week - October 2015 #4

Zelle LLP on 10/27/2015

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

The NLRB Expands Its Reach in the Non-Union Workplace

Akerman LLP - HR Defense on 8/21/2015

The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of...more

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