News & Analysis as of

Section 7

FERC Issues NOI on Natural Gas Pipeline Siting Issues

by Holland & Knight LLP on

At its April 19, 2018 open meeting, the Federal Energy Regulatory Commission (FERC) unanimously voted to open a new Notice of Inquiry (NOI) seeking input on whether, and if so how, it should update its existing policies and...more

Sneaky Section 7 Traps for the Unwary Employer

With only about 6.5 percent of workers in the private sector being represented by unions, many private sector employers pay little, if any, attention to the requirements of the National Labor Relations Act (NLRA)....more

NLRB GC: Participating In Nationwide ‘Day Without Immigrants’ Is Protected Concerted Activity

by Jackson Lewis P.C. on

Participating in the February 2017 “Day Without Immigrants” demonstration was protected concerted activity, according to an August 30, 2017, advice memorandum released on March 13, 2018, by the National Labor Relations Board...more

Charter Schools Covered By NLRA? Not In Texas

by Jackson Lewis P.C. on

The U.S. has more than 6,000 charter schools. They are authorized in almost every state. While state laws vary, their purpose is the same: to permit alternatives to traditional public schools, unbound by local school...more

UK Jury Verdict Clarifies “Adequate Procedures” Under UK Bribery Act

In an important decision given on February 21, 2018, a jury in English court proceedings has considered for the first time what “adequate procedures” should be for the purpose of a defense to the corporate offense of failing...more

Restoring “Balance” To The (Work)Force: The Board Clarifies Its Tests To Determine When “Protected Activity” Becomes Unprotected

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Board affirms an employer’s decision to discharge an employee for engaging in dishonesty and a security breach. In the process, it clarifies the legal standards to be used when assessing whether...more

FCC Initiates Proceeding to Speed Launch of Innovative Technologies and Services

by Womble Bond Dickinson on

The introduction of new and innovative communications and consumer electronics technologies typically requires years-long FCC proceedings to change service rules and technical requirements applicable to the use of radio...more

Lucky Number 7? FCC Proposes Section 7 Rules to Fast-Track Review of New Technologies

by Kelley Drye & Warren LLP on

On February 22, as part of its effort to accelerate the deployment of new and innovative technologies, the FCC adopted a Notice of Proposed Rulemaking (“NPRM”) to develop procedures for implementing section 7 of the...more

Don’t Call It A Comeback: The “Return” Of Workplace Civility Rules

by Fisher Phillips on

Dear Susan, I have to tell you about a situation that has been occurring between John and myself. But it’s not what you think! Well, maybe it is. I don’t know. I’m hoping that, as our supervisor, you can help me. To put it...more

Changes

by Jackson Lewis P.C. on

The song “Changes,” written by Phil Ochs, provides an opportune prism to examine the arguably cataclysmic changes implemented and portended by the new employer-friendly majority at the NLRB at the end of 2017 and expected in...more

FCC Proposes Expedited Treatment For New Technologies

Last week, the FCC released a Notice of Proposed Rulemaking (NPRM) proposing guidelines and procedures designed to “breathe life” into Section 7 of the Communications Act. A somewhat obscure part – or, as Chairman Ajit Pai...more

Google now sued by fired engineer from other end of the political spectrum

Employment partner Wendy Lane was quoted in a February 23, 2018, Daily Journal article about a new discrimination lawsuit filed in San Francisco against Google by former engineer Tim Chavalier. Chavalier claims he was fired...more

Lessons for Employers in the Case of a Former Google Software Engineer Fired for Violating Company Anti-Discrimination Policies

by Hinshaw & Culbertson LLP on

Earlier this week, an NLRB attorney issued an advice memo concluding that software giant Google did not violate Section 7 of the National Labor Relations Act ("NLRA"), when the company terminated software engineer James...more

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Applicability Date Change/Waters of the United States Rule: Center for Biological Diversity Notice of Intent to Sue U.S....

The Center for Biological Diversity and a number of other organizations (collectively “CBD”) submitted a February 14th Notice of Intent to Sue alleging that the United States Environmental Protection Agency and the Army Corps...more

Trump Campaign Ethic Rules Do Not Violate the National Labor Relations Act

by Clark Hill PLC on

In the political world, campaigns sometimes forget that they are businesses subject to state and federal employment laws. Driving this reality home on Tuesday, the National Labor Relations Board’s Office of General Counsel...more

Managing Glassdoor Reviews

Glassdoor, the website described as “Yelp for workplaces,” claims that eighty-three percent (83%) of job seekers in the United States read its reviews. For the uninitiated, Glassdoor is a website where anonymous employees and...more

Employers Take Note: Labor Board Poised To Reverse Additional Obama-Era Work Rule Interpretations

by Jackson Lewis P.C. on

The National Labor Relations Board has taken another giant step toward repudiating the Obama-era Board’s highly restrictive interpretations of work rules, set forth in Lutheran Heritage-Livonia, 343 NLRB 646 (2004). In...more

Boeing Decision Forges New Balance Between NLRA Rights and Social Media Policies

Under Section 7 of the National Labor Relations Act (NLRA), all employees have a right to engage in protected concerted activity, even if they are not unionized. Such activities include those performed for the mutual aid or...more

NLRB Issues Employer-Friendly Decision Regarding Employee Handbooks

by Reminger Co., LPA on

On December 14, 2017, in The Boeing Company, 365 NLRB 154 (2017), the National Labor Relations Board (“NLRB”) established a new standard for reviewing employee handbook provisions that allegedly restrict an employee’s rights...more

National Labor Relations Board Ends 2017 with a Flurry of Significant Decisions Reversing Recent Pro-Employee Precedents

by Dechert LLP on

Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes - Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more

Workplace Civility Legal Again

by Akerman LLP - HR Defense on

Rules mandating workplace civility and protection of confidential business information — recently the target of the National Labor Relations Board — are lawful again....more

Labor Board Sets New Standard For Determining Lawfulness Of Facially Neutral Workplace Rules

by Jackson Lewis P.C. on

The National Labor Relations Board has established a new test for evaluating the lawfulness of an employer’s facially neutral workplace policies and rules. Among the most consequential of the Board’s recent bombshell NLRB...more

NLRB Gives Employers More Leeway To Enforce Work Rules That Could Be Construed To Interfere With Section 7 Rights

by Fox Rothschild LLP on

The National Labor Relations Board has ruled that an employer does not necessarily violate the National Labor Relations Act by maintaining a facially neutral work rule, policy or handbook provision that could be reasonably...more

NLRB Delivers Holiday Gift to Employers in the Form of New Standard for Workplace Civility Rules

by Foley & Lardner LLP on

As explained in this companion article, the National Labor Relations Board (NLRB) gave employers an early holiday gift with its reversal of the Obama-era joint employer test. But the Board had even more holiday cheer to...more

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