News & Analysis as of September 22, 2024

National Labor Relations Board › Risk Management › Employer Liability Issues

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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 -

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

The NLRB Permits Employers to Impose Confidentiality Requirements in Ongoing Workplace Investigations

Kramer Levin Naftalis & Frankel LLP on 12/23/2019

On Dec. 17, 2019, the National Labor Relations Board (NLRB) held that confidentiality mandates during the course of workplace investigations are presumptively lawful. ...more

Live-Streaming Coaches: A Lesson on Workplace Recordings

FordHarrison on 11/14/2019

What on earth are these players thinking? We now have our third noteworthy example from the last few years of a player live-streaming his coach’s postgame victory speech on a social media platform....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

Reducing Risks Associated With Temporary Staffing Agencies

Akerman LLP - HR Defense on 10/26/2018

Staffing agencies may provide the solution to a company’s short-term staffing needs. However, clients should not assume they can avoid liability for workplace issues by using a staffing agency; indeed, in some cases, a client...more

Employers Beware: Potential Rise in Union Corporate Campaigns

Seyfarth Shaw LLP on 2/2/2018

Seyfarth Synopsis: Although many employers may think they can let their guard down a little bit when it comes to the NLRB under the Trump Administration, history suggests otherwise. During the last Republican Administration,...more

A Reminder for Retailers: Risks Associated With Hiring Third-Party Workers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/10/2015

As the retail sector grapples with the many challenges of a perpetually evolving economy and an increasingly mobile, independent, and dynamic workforce, it has become common practice for retailers to engage third parties to...more

FRANCHISOR 101: Avoid Liability for Acts and Incidents at Franchisees' Locations

Lewitt Hackman on 11/20/2014

There has been a lot of news lately about risks of franchisors being liable for acts and incidents at franchised locations. The National Labor Relations Board's general counsel recently announced he intends to claim...more

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