News & Analysis as of September 26, 2024

National Labor Relations Board › Workplace Communication

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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 -

D.C. Circuit Clarifies Employer Communication Rights During Union Campaigns

Littler on 4/2/2024

On March 1, 2024, the U.S. Court of Appeals for the D.C. Circuit clarified the rules that apply when employers distribute information and observe employees during union campaigns. The court found that a New York-based...more

Legislation Banning ‘Captive Audience’ Meetings Enacted in Minnesota, Awaiting Enactment in New York

Jackson Lewis P.C. on 6/16/2023

Minnesota will soon prohibit employers from requiring employees to attend political or religious meetings, including talks about labor unions. Additionally, similar legislation passed by the New York legislature will likely...more

Employers May Now Forbid Employees Using Co. Email for Protected Concerted Activities, Forbid Employees from Discussing On-Going...

Sheppard Mullin Richter & Hampton LLP on 12/23/2019

The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more

Employer Rights to Control the Workplace Reinstated by President Trump's NLRB

Steptoe & Johnson PLLC on 12/23/2019

On December 17, 2019, the National Labor Relations Board issued two decisions that reversed troubling precedents and restored rights to employers. First, the NLRB reiterated that employers have a right to control the use of...more

SuperVision - Labor and Employment Law Insights: Issue 4, 2019

Spilman Thomas & Battle, PLLC on 12/18/2019

Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group. Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more

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

Spilman Thomas & Battle, PLLC on 3/14/2019

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

Hit the Pause Button: The Implications of Recording in the Workplace

Littler on 9/5/2018

Workplace recordings have made headlines in recent weeks. For example, Omarosa Manigault-Newman publicly played a recording of a meeting with her then-boss, White House Chief of Staff John Kelly, to bolster her claim that he...more

Second Circuit Upholds NLRB Ban on No Recording Policy

Parker Poe Adams & Bernstein LLP on 6/19/2017

Last year, the National Labor Relations Board (NLRB) surprised many employers when it declared illegal Whole Foods’ policy that prohibits employees from video or audio recording in the workplace. The Board concluded that the...more

Will Employers Cry Mayday This May 1? What You Need To Know About Planned Protest Activities

Fisher Phillips on 4/24/2017

May Day has historically been a day marked by workers’ rights protests, with union organizing activities and other employee advocacy actions taking place across the country on what is now known as “International Workers’...more

March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful Says D.C. Circuit Court

Mintz - Employment Viewpoints on 4/3/2017

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal...more

Is There A Women’s March On Employers? What Employers Need To Know About The ‘Day Without A Woman’ Protests

Fisher Phillips on 3/8/2017

After the Women’s March on Washington earlier this year, organizers have now called for a worldwide protest to take place this Wednesday, March 8 – fittingly to take place on International Women’s Day, a day historically...more

Circuit Court is asked to Overturn NLRB’s Decision Allowing Surreptitious Workplace Recordings

Obermayer Rebmann Maxwell & Hippel LLP on 3/3/2017

Can employees record conversations at the workplace without the consent of the speakers? Or, can an employer enforce a policy that prohibits employees from recording conversations at work unless they have the consent of all...more

Labor & Employment Law Under President-Elect Trump

Stoel Rives - World of Employment on 11/21/2016

In the wake of the election results, the question on everyone’s mind now is: What impact will President-Elect Trump have on employers? Trump has thus far given few details on his thoughts on labor and employment. But with...more

Election Day Concerns for Employers: Political Discussions in the Workplace and Time Off to Vote

Snell & Wilmer on 11/2/2016

With the highly contested presidential election on Tuesday, November 8, 2016, many employers are concerned about political discussions in the workplace, whether those discussions can be restricted, and how to handle...more

SuperVision Today - October 2016

Spilman Thomas & Battle, PLLC on 10/13/2016

In this edition of SuperVision Today, Carrie Harris offers timely advice in this election season for employers who are dealing with divisive non-work issues in the workplace. Mitch Rhein explains the upcoming changes to the...more

Don’t Worry, Be (Un)Happy: Does U.S. Labor Law Protect a Worker’s Right to a Bad Attitude?

Morrison & Foerster LLP - Social Media on 5/26/2016

A few months ago, we noted that a Yelp employee’s online “negative review” of her employer might be protected activity under the National Labor Relations Act (NLRA), given that the National Relations Labor Board (NLRB) has...more

Can Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2016

In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This...more

Are Pennsylvania Employers Safe to Prohibit Recordings in the Workplace?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2016

In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes...more

The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

Jaburg Wilk on 8/24/2015

Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that...more

Concerted Activity or Insubordination?

Bradley Arant Boult Cummings LLP on 8/18/2015

With its recent decision in Central States SE and SW Areas, Health & Welfare and Pension Funds, 362 N.L.R.B. No. 155, 203 LRRM 2082 (August 4, 2015), the National Labor Relations Board (“NLRB” or “Board”) has provided another...more

Labor Board Recalls its Previous Email Message: Employees Now Have Protected Right to Use Company Email System for Union...

Lathrop GPM on 12/12/2014

On December 11, 2014, the National Labor Relations Board reversed course on the question of whether employees may use a company’s email system for union organizing and similar communications. Just seven years ago, the Labor...more

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National Labor Relations Board › Workplace Communication

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