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Corporate Counsel Protected Concerted Activity Employee Rights

Fisher Phillips

Employers Still Need to Follow NLRB’s Strict Handbook Rules – For Now What You Need to Know About Current Standard and When it...

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With a new presidential administration now in place, many employers are hopeful that the National Labor Relations Board (NLRB) will return to more employer-friendly policies – especially those related to handbook policies....more

Fisher Phillips

What Employers Need to Know About the Current State of the NLRB

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A series of game-changing moves from the White House have left employers struggling to understand the lay of the land when it comes to the nation’s labor law. Even though it might feel like we’re entering unchartered...more

Steptoe & Johnson PLLC

There’s No Concerted Action If It’s Just One Employee or If It’s for a Non-Employee, Right? WRONG, Says the NLRB

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In two opinions released on August 31, the National Labor Relations Board (NLRB) overruled two 2019 decisions to expand the scope of workers’ concerted activity protections under the National Labor Relations Act (NLRA). Those...more

Epstein Becker & Green

NLRB Delivers Labor Day Gifts to Unions

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It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

Fisher Phillips

Labor Board Signals Continued Expansion of Employee Rights: Your Questions Answered

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A recent Advice Memo issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) provides all employers – union and non-union alike – with yet another warning that more of your employment...more

Fisher Phillips

Labor Board Issues a Blow to Workplace Conduct Policies: Here’s How Your Employee Handbook May Need to Change Today

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The National Labor Relations Board (NLRB) just changed the law again on employee handbooks by modifying the legal standards that for the past six years have provided a commonsense solution for evaluating workplace misconduct...more

Fisher Phillips

Employers Must Draft Severance Agreements with Caution After NLRB Renders Critical Provisions Unlawful: 9 Crucial Questions...

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A pendulum-swinging decision from the National Labor Relations Board yesterday means that severance agreements – in both unionized and non-union workplaces – could once again be deemed unlawful if they could be construed to...more

Troutman Pepper Locke

Memes, Emoticons, and Social Media ‎Posts as Protected Concerted ‎Activity

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To navigate the pandemic, companies and employees shifted to virtual tools and platforms to conduct business and communicate with team members. With this transition into the virtual office space and increased screen time,...more

Akerman LLP - HR Defense

Be Careful About Restricting Employee Communications with Media

Employers that bar staff from communicating with the media should take another look at those prohibitions, following a recent federal appellate decision finding such a policy unlawful under the National Labor Relations Act...more

Proskauer - Labor Relations Update

Employer’s Poll of Workforce Not Unlawful Mass Interrogation, NLRB Rules

When it comes to an unfair practice allegation asserting an employer’s statement is unlawful, words matter. And, so does context. Under NLRB case law, the actual employer statements are evaluated as well as the overall...more

Proskauer - Labor Relations Update

Applying the Boeing Standard, NLRB Upholds Employer’s Policies Restricting Cell Phone Use, Non-Work Email Use and Disclosure of...

Applying the facially neutral work rule test laid out in Boeing, the Board recently reversed an Administrative Law Judge decision, concluding that the employer maintained lawful workplace rules restricting employee use of (i)...more

Foley & Lardner LLP

Navigating Through the NLRB’s Recent Decisions

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The following is a summary of key decisions from the National Labor Relations Board (Board) and its Division of Advice during the period in which the Republican Party has controlled the Board under the Trump administration. ...more

Spilman Thomas & Battle, PLLC

NLRB Clears the Purple Haze Around Employee Use of Employer E-mail

The NLRB reversed the controversial holding in Purple Communications, which allowed employees to use their employer's e-mail system during non-working hours to engage in Section 7 protected discussions regarding wages, hours...more

Epstein Becker & Green

NLRB Solidifies Boeing and Provides Guidance on Employer Workplace Rules

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As discussed in previous blog posts and articles, the National Labor Relations Board (NLRB), in Boeing Co., overruled past precedent that had resulted in the invalidation of “commonsense [workplace] rules and requirements...more

Franczek P.C.

Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection

Franczek P.C. on

The National Labor Relations Board (“Board”) is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the...more

Polsinelli

NLRB Releases Advice Memos Approving Employer Work Rules Under New Boeing Standard

Polsinelli on

On July 13, 2018, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released several memos authored by the Board’s Division of Advice, which offer further guidance to employers about how the Board...more

Sheppard Mullin Richter & Hampton LLP

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

Fisher Phillips

New Sheriff(s) In Town: The NLRB Issues New Test For Workplace Rules - Boeing Co. Signals The End Of Lutheran Heritage And Its...

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The National Labor Relations Board just relieved employers of a great deal of uncertainty surrounding seemingly innocuous workplace rules and handbooks. The newly constituted NLRB issued its first round of significant...more

Fisher Phillips

Another Federal Appeals Court Rejects Workplace Recording Bans

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The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...more

Fisher Phillips

“Civil” War At The Workplace: Enforcing Civility Rules In Light Of Federal Roadblocks

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Almost everyone would agree they prefer to work in a civil and respectful environment. Because of this, many employers have developed policies and training sessions to promote civil and respectful behavior in the workplace....more

Mintz - Employment, Labor & Benefits...

Why Getting Handbooks Right Matters: NLRB Judge Holds Verizon’s Restrictions on Employee Communications During Non-Working Time...

Despite previous NLRB rulings telling them to stop, some employers continue to impose broad prohibitions on personal employee communications over company email. As an administrative law judge recently reminded us, failing to...more

Cozen O'Connor

The Truth About As*holes

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Here’s the truth: we are a litigious society. For a lot of reasons beyond the scope of this blog, a smarter workforce with ever-increasing access to information and resources continues to file employment lawsuits in record...more

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