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National Labor Relations Board › Reversal › The National Labor Relations Act

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 -
Sheppard Mullin Richter & Hampton LLP

NLRB Finds GW Hospital Failed to Bargain in Good Faith in Reversal of Vacated Decision

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On May 8, 2024, the National Labor Relations Board (“Board”) issued a decision reversing a 2021 decision the Board previously vacated after former Board Member William Emanuel, who participated in the ruling, was found to...more

Miles & Stockbridge P.C.

5th Circuit Reverses NLRB, Approving Dress Code Ban on Union Shirts

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The National Labor Relations Board (NLRB) issued a controversial decision last year significantly limiting a company’s ability to implement and enforce uniform and dress code policies. In Tesla, Inc., 317 NLRB No. 131 (2022),...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS Issues Decision Allowing State Court Lawsuit Against Union for Property Damage Caused During Labor Dispute

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As we previously reported here, at the beginning of 2023, the Supreme Court heard oral argument on one of the most anticipated labor cases on the high court’s docket in decades to address whether the National Labor Relations...more

Proskauer - Labor Relations Update

NLRB Nixes Reopening Remedy after Remand from D.C. Circuit

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In a 2-1 decision (Members Kaplan and Ring in the Majority, with Member Prouty dissenting), the National Labor Relations Board (“NLRB” or “Board”) revisited its 2020 decision in RAV Truck & Trailer Repairs, Inc., 369 NLRB No....more

Holland & Knight LLP

Food and Beverage Law Update: October 2020

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More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more

Stokes Wagner

Abusive or Offensive Language is No Longer Protected Activity Says the NLRB In Its Recent Ruling

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Under the National Labor Relations Act, workers engaging in a “concerted activity” with other employees, such as a union organizer or representative discussing conditions of employment with an employer, qualifies as a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Rules Notice and Opportunity to Bargain Over Discipline No Longer Required in New Bargaining Relationships

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The National Labor Relations Board (NLRB) recently overturned a 2016 decision holding that an employer violates Sections 8(a)(5) and (1) of the National Labor Relations Act (NLRA) by failing to provide notice and an...more

Fisher Phillips

NLRB Upholds Ban On Use Of Company Email For Union Organizing

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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

Payne & Fears

NLRB Holds Employers May Restrict Company Email Systems for Non-Work Related Reasons

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On December 16, 2019, the National Labor Relations Board (“NLRB”) issued a decision in Caesars Entertainment holding that businesses may restrict employees from using a company’s internal email systems for union and...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Dechert LLP

National Labor Relations Board Finishes 2019 with a Flurry of Significant Decisions

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In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements. Among these actions were rulings narrowing...more

Epstein Becker & Green

#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News

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A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm: The National Labor Relations Board (NLRB) ended the year with a flurry of activity, including the relaxing of...more

DirectEmployers Association

OFCCP Week In Review: December 2019 #5

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The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Spilman Thomas & Battle, PLLC

NLRB Clears the Purple Haze Around Employee Use of Employer E-mail

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The NLRB reversed the controversial holding in Purple Communications, which allowed employees to use their employer's e-mail system during non-working hours to engage in Section 7 protected discussions regarding wages, hours...more

Littler

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

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Common Neutrality Agreement Provisions Between Union and Hotel May Violate the NLRA

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On November 20, 2019, the National Labor Relations Board’s (NLRB) Office of the General Counsel granted an appeal filed by the National Right to Work Legal Defense Foundation (NRTWLDF) on behalf of a hotel housekeeper in...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Rules That Employers May Bar Union Representatives From Their Property Even Though They Have Allowed Other Third Parties...

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Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the...more

Sheppard Mullin Richter & Hampton LLP

An Employer’s Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The...

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Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more

Stokes Wagner

NLRB Limits Non-Employee Leafletting On Employer Premises

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The National Labor Relations Board (the “Board”) recently issued a precedent-reversing ruling on August 23, 2019, that allows employers to bar non-employees from leafletting on their premises. In its decision, the Board held...more

ArentFox Schiff

NLRB: Property Rights Trump Off-Duty Employees’ Section 7 Rights

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In a split decision, the National Labor Relations Board (NLRB or the Board) ruled last week that a property owner that is not in any underlying labor dispute, does not have to grant access to off-duty employees of an onsite...more

Partridge Snow & Hahn LLP

One Epic Year Later: Have You Implemented A Mandatory Arbitration Agreement Yet?

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A year ago, the United States Supreme Court issued its seminal decision in Epic Systems v. Lewis, which confirmed that employers may use mandatory individual arbitration agreements without fear of the National Labor Relations...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights - Issue 1, March 2019

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The Editor's Note - Welcome to 2019's first edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group... ...In this edition of SuperVision, Carrie Grundmann explains a recent...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Narrows the Scope of NLRA Section 7 Protection for Employee Complaints

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On January 11, 2019, the National Labor Relations Board issued an employer-friendly decision in Alstate Maintenance LLC, 367 NLRB 68 (2019), narrowing the scope of protection for employee complaints. In doing so, it reversed...more

Fisher Phillips

Labor Board Makes It Harder For Employees To Claim Their Complaints Are Protected

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In a 3-1 ruling that should be hailed by employers across the country, the National Labor Relations Board just made it harder for employees to successfully claim that their workplace gripes constitute protected concerted...more

Payne & Fears

Employment Law Developments and Trends in 2018 for Nevada Employers

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Employment law is a dynamic practice area in which new law develops each year. Last year was no exception. This article, originally published in Nevada Lawyer by Matthew L. Durham and Chad D. Olsen, discusses notable...more

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