News & Analysis as of

Wal-Mart National Labor Relations Board

Venable LLP

NLRB Rules That Workplace Policies Restricting Wearing of Union Insignia Are Unlawful Absent "Special Circumstances"

Venable LLP on

​​​​​​​In a recent 3-2 decision titled Tesla, Inc., the National Labor Relations Board (NLRB) ruled that workplace policies restricting the wearing of union insignia or apparel are presumptively unlawful, even if those...more

Payne & Fears

NLRB Makes It Harder for Employers to Enforce Dress and Uniform Policies

Payne & Fears on

On Aug. 29, 2022, the National Labor Relations Board (“NLRB”) issued its decision in Tesla, Inc., 371 NLRB No. 131 (2022), one of the first major decisions by the now Democratic-controlled board to overrule a decision from...more

Jackson Lewis P.C.

NLRB Rules Employers Cannot Restrict Employees’ Right to Display Union Insignia

Jackson Lewis P.C. on

On August 29, 2022, the National Labor Relations Board (NLRB) issued a decision finding that absent special circumstances, employers may not enforce dress codes or uniform policies that interfere with employees’ right to...more

Proskauer - Labor Relations Update

NLRB Finds Restriction on Wearing Union Insignia In Workplace Unlawful

In a continuation of the current National Labor Relations Board’s (“NLRB” or “Board”) reversal of recent precedent established by the NLRB under the prior administration, on August 29, 2022, the Board held that Tesla, Inc.’s...more

Franczek P.C.

Your Neutral Uniform Policy May Violate the NLRA

Franczek P.C. on

In Tesla Inc., the National Labor Relations Board (“Board”) recently reversed a 2019 decision in Wal-Mart Stores Inc. that gave employers leeway when adopting neutral non-discriminatory dress codes. Instead, the Board applied...more

Benesch

NLRB Overturns a Trump-Era Precedent; Employers Cannot Ban Union Insignia

Benesch on

​​​​​​​On August 29, 2022, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision ruling that it was unlawful for Tesla Inc. to prohibit employees from wearing shirts bearing union insignia....more

Sherman & Howard L.L.C.

NLRB Cracks Down on Neutral Employer Dress Code Policies That Result in De Facto Ban of Union Apparel

Absent “special circumstances,” an employer violates the National Labor Relations Act (“Act”) when its neutral dress code policy results in a bar on pro-union apparel in the workplace. In a decision involving automaker Tesla,...more

Robins Kaplan LLP

Financial Daily Dose 9.30.2021 | Top Story: Congress Nears Short-Term Deal to Fund Government

Robins Kaplan LLP on

Congressional leaders have reportedly reached a last-minute short-term deal to “avert a government shutdown” before today’s midnight deadline. Plenty of issues—including the need to raise the debt ceiling and the status of...more

Stokes Wagner

NLRB Redefines “Union Solicitation”

Stokes Wagner on

Many employers have “no solicitation” policies for the workplace, prohibiting employees from soliciting for causes of any kind at work. These policies can be tricky to enforce when union solicitation is at issue....more

Proskauer - Labor Relations Update

NLRB Redefines “Solicitation,” Broadening Conduct that may be Considered Unprotected

On May 29, 2020, the NLRB issued an important opinion overruling two decisions in order to define the term “solicitation” in a manner consistent with prior Board decisions and the dictionary definition of the term. Wynn Las...more

DirectEmployers Association

OFCCP Week In Review: December 2019 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Proskauer - Labor Relations Update

Buttoning Up Rules on Union Insignia – Board Makes It Easier for Employers to Restrict Size and Scope of Union Buttons For Those...

The Board continues churning out precedent-setting decisions as year-end approaches. Two days before the Christmas holiday, in Wal-Mart Stores, Inc., 368 NLRB No. 146 (Dec. 16, 2019), the NLRB applied its new view on handbook...more

Benesch

NLRB Blesses Wal-Mart Policy Restricting Union Insignia at Work

Benesch on

Just before Christmas, the National Labor Relations Board (“NLRB”) evaluated two dress code policies limiting - but not prohibiting - employees from wearing union insignia at work. Wal-Mart Stores, Inc., 368 NLRB No. 146...more

Husch Blackwell LLP

Repeated Strikes In Furtherance Of Common Goal Defeats Protected Status For Strikers

Husch Blackwell LLP on

Key Points- Direct evidence of a plan to engage in repeated strikes to achieve a common goal establishes that such strikes are unprotected, intermittent strikes. Only in the absence of direct evidence will the Board...more

Burr & Forman

NLRB Confirms that Intermittent Strikes in Furtherance of an Unchanging Goal are Unprotected

Burr & Forman on

In Walmart Stores, Inc., 368 NLRB No. 24 (July 25, 2019), a majority of the National Labor Relations Board (“NLRB” or “Board”) reaffirmed that a union’s intermittent strike scheme is unprotected where the short duration...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Confirms that Intermittent Strikes in Furtherance of the Same Goal are Unprotected

The National Labor Relations Act’s (NLRA or Act) Section 7 grants to all employees — regardless of whether they are unionized or not — the right to engage in protected concerted activity (PCA). Accordingly, an employer may...more

Proskauer - Labor Relations Update

Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority

This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the government. Walking off the job is, of course, a staple of labor action, and...more

Jackson Lewis P.C.

Employees Unlawfully Disciplined for In-Store Protest, Labor Board Decides

Jackson Lewis P.C. on

Six employees who stopped work and engaged in an in-store protest over their alleged mistreatment by a supervisor and to secure permanent jobs for temporary employees were unlawfully disciplined, the National Labor Relations...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2016 #3

LA Doubles Down on Sick Leave, Minimum Wage Increase - Why it matters - Already facing new California employment-related requirements—including the adoption of mandatory sick leave and an uptick in the minimum...more

Bradley Arant Boult Cummings LLP

Can Your Non-Union Workers Strike? Yes, They Can.

If your employees don’t have a union and they stop working, can you discipline them? In a recent decision, an Administrative Law Judge for the National Labor Relations Board said not if it is a true strike and not just an...more

Zelle  LLP

Employment Law Navigator – Week in Review: December 2015 #4

Zelle LLP on

Last week was a big one for the EEOC. Among other things, the agency initiated a lawsuit against McDonald’s Corporate and a Missouri franchisee because the franchisee refused to provide a deaf applicant a sign language...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - April/May 2015

NLRB “quickie election” rule takes effect - On April 6, President Obama vetoed a joint resolution of Congress that sought to block the “quickie election” rule issued by the National Labor Relations Board....more

Mintz - Employment, Labor & Benefits...

NLRB and Wal-Mart Face Off Over Strikes

From making and dropping rules, to prompting U.S. Supreme Court cases about recess appointments and constitutionality, the National Labor Relations Board has generated plenty of attention in the past few months. One of its...more

Mintz

Analysis: Wal-Mart case seen a key test in struggle over labor rights

Mintz on

A challenge by the U.S. National Labor Relations Board (NLRB) to Wal-Mart Stores Inc’s treatment of striking workers is likely to become a critical symbol of labor unions’ attempts to organize the many non-union workplaces in...more

BakerHostetler

NLRB's Heavy Hand Against Wal-Mart Has Implications for Healthcare Providers

BakerHostetler on

On November 19, 2013, the National Labor Relations Board (NLRB) announced that its general counsel has authorized the issuance of multiple complaints against Wal-Mart Stores, Inc. (Wal-Mart) over a variety of statements made...more

28 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide