News & Analysis as of September 19, 2024

Protected Concerted Activity › New Guidance

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The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union. less -

A New Front in the Noncompete Wars: NLRB’s General Counsel Claims Noncompete Agreements Violate the Labor Act

BakerHostetler on 6/6/2023

The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in employment...more

NLRB Issues Guidance on Non-Disparagement & Confidentiality Clauses

Cozen O'Connor on 3/24/2023

The National Labor Relations Act (NLRA) is a federal law that applies to both unionized and nonunionized workplaces. The government agency responsible for enforcing the NLRA is the National Labor Relations Board (NLRB or the...more

NLRB’s Latest Guidance Supports Employer Decisions Amidst Pandemic

Fisher Phillips on 8/19/2020

Addressing the issue for the first time since the pandemic, the National Labor Relations Board recently released a series of advice memoranda instructing its Regional offices to dismiss various COVID-19 related charges...more

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on 8/4/2020

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

NLRB Memo Refines Position on Employer Social Media Policies

Parker Poe Adams & Bernstein LLP on 10/2/2019

On the heels of its 2018 Boeing decision, the National Labor Relations Board continues to provide employers with guidance regarding acceptable and unacceptable restrictions on employee social media use. In a September 12...more

New NLRB Advice Memo Clarifies Social Media Policy Rules

Parker Poe Adams & Bernstein LLP on 9/4/2019

The National Labor Relations Board continues to provide guidance with respect to employers’ attempts to regulate employee social media behavior. In its Boeing Co. decision, the board made it significantly more difficult for...more

NLRB memo offers clarity, good news for employer-issued policies

McAfee & Taft on 8/29/2018

For employers, the National Labor Relations Board’s rules for interpreting employer policies have been among the most difficult to navigate the last 15 years. The Board utilized a “reasonably construe” test that resulted in...more

NLRB Establishes New Guidance for Employer Workplace Rules

Payne & Fears on 6/27/2018

The National Labor Relations Board ("NLRB") has set new standards for determining whether an employment policy strikes the appropriate balance between employees' ability to exercise their rights under Section 7 of the...more

NLRB Guidance Further Defines Permissive Employer Handbook Rules

Genova Burns LLC on 4/3/2015

The NLRB’s General Counsel recently issued a report further defining the limitations on an employer’s ability to enact workplace rules which tend to interfere with an employee’s Section 7 rights under the National Labor...more

NLRB Issues Guidance on Employee Handbooks

Cole Schotz on 4/1/2015

The National Labor Relations Board (“NLRB”) has recently been aggressive in its enforcement of the National Labor Relations Act (“NLRA”) and, in particular, Section 7 of the NLRA, which protects employees’ rights to form or...more

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Protected Concerted Activity › New Guidance

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