The National Labor Relations Board (“NLRB”) is sharpening its focus on “salting”—the practice of union organizers seeking employment with non-union employers to facilitate organizing campaigns. On July 24, 2025, the NLRB’s...more
8/12/2025
/ Corporate Counsel ,
Employment Policies ,
Hiring & Firing ,
Investigations ,
Labor Relations ,
New Guidance ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Organizers ,
Unions
As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and...more
On August 31, 2023, the National Labor Relations Board (“NLRB” or “Board”) adopted a broader test for what is considered “protected concerted activity” under the National Labor Relations Act (“NLRA” or the “Act”). Section 7...more
At the end of last week, the National Labor Relations Board (the “Board”) issued two huge blows to employers that give significant advantages to unions and ease their ability to achieve status as a certified bargaining...more
On August 2, 2023, the National Labor Relations Board (the “NLRB” or “Board”) issued its decision in Stericycle Inc., 372 NLRB No. 113 (2023) (“Stericycle”) overruling the standards established in The Boeing Company, 365 NLRB...more
On December 16, 2022, the National Labor Relations Board (“NLRB” or “Board”) abandoned the employer-friendly access standard for off-duty employees of an onsite contractor that was adopted under the Trump Administration in...more
In Apogee Retail, 368 NLRB No. 144 (2019), the NLRB overruled the Obama Board’s decision in Banner Estrella Medical Center, 362 NLRB 1108 (2015) and held that investigative confidentiality rules that by their terms apply only...more
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
12/23/2019
/ Caesars ,
Collective Bargaining Agreements (CBA) ,
Confidential Information ,
Electronic Communications ,
Email ,
Email Policies ,
Employee Rights ,
Employer Rights ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Activity ,
Purple Communications ,
Unfair Labor Practices ,
Union Dues ,
Unions ,
Workplace Communication ,
Workplace Investigations
It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more
9/12/2019
/ Adverse Employment Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Offensive Language ,
Protected Concerted Activity ,
Racist Remarks ,
Unfair Labor Practices ,
Unions
As part of New York State’s fiscal year 2020 budget, Governor Andrew Cuomo has announced an amendment to Section 3-110 of the state election law providing all New Yorkers with three hours paid time off to vote on any election...more
On January 25, 2019, New York Governor Andrew Cuomo signed into law the Gender Expression Non-Discrimination Act (GENDA), which prohibits discrimination based on gender identity or expression. Under the law, “gender identity...more
2/14/2019
/ Anti-Discrimination Policies ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Gender Expression ,
Gender Identity ,
Governor Cuomo ,
Hiring & Firing ,
Housing Discrimination ,
Landlords ,
LGBTQ ,
New Legislation ,
Protected Class ,
Public Accommodation ,
State Labor Laws ,
Transgender