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National Labor Relations Board › Title VII › 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 -
Husch Blackwell LLP

Managing Political Speech in the Workplace

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As the 2024 general election draws near, employers can anticipate a rise in political expression from employees both inside and outside of the workplace. Political speech encompasses a broad array of activities, extending far...more

Proskauer - Labor Relations Update

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

Proskauer - Labor Relations Update on

On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Gould + Ratner LLP

The “Joint Employer” Pendulum Swings Again. Or Does It?

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For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

BCLP

Busy Inside the Beltway: Recent Activity by the DOL, EEOC, NLRB and FTC

BCLP on

Federal agencies responsible for employment-related matters have been busy in recent weeks issuing guidance, updated workplace posters, and more. Let’s get caught up...more

Vinson & Elkins LLP

NLRB Nixes Short-Lived One-Size-Fits-All Approach to Abusive Conduct Cases

Vinson & Elkins LLP on

Employers (hopefully) are aware that their employees are afforded certain rights under the National Labor Relations Act (the “NLRA” or “Act”), including the right to self-organization, to bargain collectively, and to engage...more

Sherman & Howard L.L.C.

Court's Bench-slap of NLRB Whipsaws Employers, Unions, Arbitration, & Even the First Amendment

Sherman & Howard L.L.C. on

The Eleventh Circuit Court of Appeals recently issued a decision that is highly critical of the NLRB, yet its end result promises significant mischief when it comes to employment litigation. International Brotherhood of...more

Smith Gambrell Russell

NLRB Ruling Limits Employers’ Ability to Discipline in Response to Abusive Conduct

Smith Gambrell Russell on

On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers LLC II, 372 NLRB No. 83 reversing its 2020 ruling in General Motors LLC, 369 NLRB No. 127, and creating an inconsistent...more

Morgan Lewis

NLRB Returns to Liberalized Section 7 Protection for Workplace Misconduct Incidents

Morgan Lewis on

The National Labor Relations Board’s recent decision in Lion Elastomers reinstated setting-specific standards to assess how employers respond to employee misconduct, including potentially profane, discriminatory, and...more

Sherman & Howard L.L.C.

NLRB Embraces ’Animal Exuberance’ & Rejects Title VII

Sherman & Howard L.L.C. on

Employees who utter racial epithets, launch outbursts, and otherwise engage in harassing, disruptive, or offensive behavior are once again protected by the National Labor Relations Act (“Act”). The National Labor Relations...more

DirectEmployers Association

OFCCP Week In Review - March 2023 #4

DirectEmployers Association on

...DHI Group Inc. (“DHI”) is a job-search website operator posting corporate job vacancies for technology professionals on its Dice.com website. DHI has now agreed to settle numerous U.S. Equal Employment Opportunity...more

Sherman & Howard L.L.C.

When Employment and Traditional Labor Collide: Whole Foods Wins One in the Ongoing Legal Battle Concerning Black Lives Matter...

Sherman & Howard L.L.C. on

Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more

Foley & Lardner LLP

NLRB Unleashes New Damages Against Labor Law Violators

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On Tuesday, December 13, 2022 to the National Labor Relations Board ("NLRB”) issued a decision that could have profound effect on employers in all industries, regardless if they have a union. In Thrryv, Inc., the NLRB ruled...more

Husch Blackwell LLP

The Labor Law Insider: Joint Employer Standard Changes: Beware, Part I

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Husch Blackwell's Tom Godar of the Labor Law Insider welcomes two new experts as they discuss the shifting standards for joint employer status and the significant impact they can have upon employers, both union and...more

Holland & Knight LLP

Employment Implications Arising from Dobbs v. Jackson Women's Health Organization

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The U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization on June 24, 2022, overturning Roe v. Wade and Planned Parenthood v. Casey and holding that there is no right to abortion in the U.S....more

Woods Rogers

Federal Agencies Are Teaming Up to End Workplace Retaliation

Woods Rogers on

The National Labor Relations Board (NLRB), U.S. Department of Labor (DOL), and U.S. Equal Employment Opportunity Commission (EEOC) announced a joint initiative to raise awareness about retaliation issues when workers exercise...more

Constangy, Brooks, Smith & Prophete, LLP

This 'n' That In Labor And Employment Law

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Here's what's been going on this week. Some noteworthy labor and employment developments from the past week, in no particular order: Court rules against Christian teacher who wouldn't use kids' names, preferred...more

Constangy, Brooks, Smith & Prophete, LLP

What Employers Can Expect From The Biden Administration, Part 2

Constangy, Brooks, Smith & Prophete, LLP on

Predictions from our attorneys in the practice areas that affect employers. NOTE FROM ROBIN: The following went out as a legal bulletin on Thursday. I'm reproducing it here for those of you who do not subscribe to our...more

Fisher Phillips

The Top 20 Non-COVID Workplace Law Stories Of 2020

Fisher Phillips on

That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

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Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Constangy, Brooks, Smith & Prophete, LLP

Political Activism, COVID-19, And Labor Law

Constangy, Brooks, Smith & Prophete, LLP on

This information could come in handy for employers. The National Labor Relations Board has made public three Advice letters dealing with the two hottest topics of our times: Political activism, and COVID-19. In each case, a...more

Proskauer - Labor Relations Update

NLRB Upends Context-Specific Tests for Profane Conduct, Folding Such Discipline Into Traditional Motivation Tests For Evaluating...

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In another long-anticipated decision, on July 21, 2020, in General Motors LLC, 369 NLRB No. 127 (2020), the Board replaced three context-specific rules for determining whether certain abusive conduct committed by employees is...more

Littler

A Return to Workplace Civility: The NLRB Adopts the Wright Line Burden-Shifting Approach to Section 7 Speech

Littler on

During a pandemic, protests, and a polarized election season, employers have walked an ever-increasingly fine line between protecting employee speech in the workplace and enforcing rules on workplace conduct....more

Seyfarth Shaw LLP

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

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Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

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