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“Please (Don’t) Speak into My Lapel”: Secret Recordings at the Bargaining Table Are Now a Per Se Violation of the NLRA

Back in 2021, we reported on a D.C. Circuit decision that the National Labor Relations Board (NLRB or Board) could rely on a secret, arguably illegal, recording of an employer meeting with employees in finding that the...more

What a Year in Labor: Top 10 Labor Cases and Developments You Should Know from 2024

In 2024, labor law continued to generally favor employees under the Biden National Labor Relations Board (the Board). Notable developments included establishment of an employee right to wear clothes espousing political speech...more

Perception Versus Reality: Fifth Circuit Backs Board’s Unfair Labor Practice Finding on Termination Based on ‘Perceived’ Section 7...

The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more

Adding Injury to Insult: The NLRB’S General Counsel Lays Out Expanded Remedies For Unlawful Noncompete and Stay-or-Pay Agreements

We previously reported on a May 2023 memorandum issued by the general counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, stating her view that “the proffer, maintenance, and enforcement” of...more

Sixth Circuit Bypasses NLRB’s McLaren Macomb Confidentiality and Non-Disparagement Provisions Holding, Fostering Uncertainty About...

On September 19, the Sixth Circuit Court of Appeals issued a decision enforcing the National Labor Relations Board (NLRB or Board) February 2023 McLaren Macomb decision. In doing so, the Sixth Circuit declined to comment on...more

The NLRB Returns to Its Pre-2020 Policies and Procedures in Its “New” Blocking Charge and Voluntary Recognition Rules

The National Labor Relations Board (NLRB or Board) recently revived its “blocking charge” policy, voluntary recognition process and construction industry bargaining relationship policy by returning to its pre-April 2020...more

A ‘Grande’ Decision for Employers: The Supreme Court Raises the Bar on Section 10(j) Injunctions

Four months ago, we told you about a brewing labor law issue – whether the National Labor Relations Board (NLRB or Board) must satisfy the traditional preliminary injunction standard to secure an injunction against an...more

Employee Handbooks Remain Under Board Attack

During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

A Brewing Issue: The Supreme Court Accepts a Coffeemaker’s Request To Revisit Section 10(J)

When the National Labor Relations Board (NLRB or the Board) issues an administrative complaint accusing an employer of unlawful labor practices, it triggers in-house proceedings before the Board. These in-house proceedings...more

It’s the Holiday Season, and the NLRB Is the Union-Friendly Gift That Keeps On Giving

As we reflect on the many decisions that the National Labor Relations Board (NLRB or the Board) has handed down this year (many of which are unfavorable to employers), now is the perfect time to ensure that your organization...more

Here We Go Again: The National Labor Relations Board Reintroduces Chaos to Employee Handbooks

There was little doubt that the current National Labor Relations Board (NLRB or the “Board”) would overrule the Trump-era test in The Boeing Company for evaluating work rules in favor of a more employee-friendly standard. The...more

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

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

Q&A Regarding the NLRB’s Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance...more

Weigand v. N.L.R.B: A Double Standard for Social Media?

On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more

#Insubordination: NLRB Affirms Refusal To Re-Hire Employees Based Upon Facebook Exchange

In prior articles, we have discussed various decisions by the National Labor Relations Board (“NLRB” or the “Board”) protecting employee social media activity as concerted activity under Section 7 the National Labor Relations...more

NLRB “Unfriends” Employer Over Facebook “Like”

On August 25, the National Labor Relations Board found in Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Sanzone, Case No. 34-CA-012915, and Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Spinella, Case...more

D.R. Horton on Steroids: NLRB Invalidates Arbitration Agreement Without Class Waiver

As reported previously here, the National Labor Relations Board (“NLRB” or the “Board”) in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that requiring employees to enter into an arbitration agreement containing a...more

Closing Shop: Courts Look to Rein in the NLRB

Over the past several years, the National Labor Relations Board (“NLRB” or “Board”) has engaged in an aggressive campaign to extend its reach into non-union workplaces with the goal of facilitating unionization....more

Fourth Circuit Says NLRB Lacks Authority to Require Union Poster

On June 14, 2013, the United States Court of Appeals for the Fourth Circuit struck down the National Labor Relations Board's (NLRB or Board) requirement that employers subject to its jurisdiction post on their properties and...more

D.C. Circuit Court Shuts Down NLRB Rule Requiring Union Poster

On May 7, 2013, a federal appellate court in Washington, D.C., struck down the National Labor Relations Board's (NLRB or Board) requirement that employers subject to its jurisdiction post on their properties and websites a...more

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