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Corporate Counsel Protected Concerted Activity Employment Policies

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

BakerHostetler

Employee Handbooks Remain Under Board Attack

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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

Fisher Phillips

Labor Board’s “BLM” Ruling Will Require You To Review Your Dress Code and Other Workplace Policies: Your 5-Step Guide

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The National Labor Relations Board just ruled that a national retailer must allow customer-facing employees who want to write “Black Lives Matter” on their uniforms to do so – and may have opened Pandora ’s Box when it comes...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

Seyfarth Shaw LLP

The End of an Era? NLRB Holds Lawful Employer’s Rules Restricting Employee Communications on Social Media, But This Pro-Employer...

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Seyfarth Synopsis: Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA. However, the Board panel was sharply...more

Proskauer - Labor Relations Update

NLRB: Employer’s Good-Faith Belief in Employee’s Misconduct Insufficient to Justify Terminating Employee Engaged in Protected...

As we have often discussed, there is a fine line between protected and unprotected activity. Profane outbursts, deliberate misconduct, or highly-disruptive strikes may fall outside the protection of the NLRA, subjecting...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

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

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

Sheppard Mullin Richter & Hampton LLP

Employers May Not Have To Retain Racists, Sexists And Belligerently Disobedient Employees After All-The NLRB Appears Ready To...

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

Parker Poe Adams & Bernstein LLP

New NLRB Advice Memo Clarifies Social Media Policy Rules

The National Labor Relations Board continues to provide guidance with respect to employers’ attempts to regulate employee social media behavior. In its Boeing Co. decision, the board made it significantly more difficult for...more

Proskauer - Labor Relations Update

Recent ALJ Decision Provides Important Nuance Regarding Workplace No Recording Rules

In late 2017, the NLRB in Boeing Company, 365 NLRB No. 154 (2017), established a new three category system for classifying various employer policies. The new system was designed to balance a “work rule’s negative impact on...more

Proskauer - Labor Relations Update

Employee’s Complaint About Low Tippers Not Protected Concerted Activity, NLRB Majority Rules

The right of employees to band together for purposes of bringing grievances to their employer is at the very core of the National Labor Relations Act, as embodied in Section 7. This right is called protected concerted...more

Fisher Phillips

Labor Board Makes It Harder For Employees To Claim Their Complaints Are Protected

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In a 3-1 ruling that should be hailed by employers across the country, the National Labor Relations Board just made it harder for employees to successfully claim that their workplace gripes constitute protected concerted...more

Polsinelli

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

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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

Conn Maciel Carey LLP

In Flurry of Activity, National Labor Relations Board Restores Pre-Obama Precedent

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One of the most visible manifestations of the maxim that elections have consequences is illustrated by the regular oscillations in labor policy at the National Labor Relations Board (“Board”) that follow elections in which an...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

Dorsey & Whitney LLP

Will That Sandwich Make You Sick? – 8th Circuit Holds NLRA Does Not Protect Disparaging Statements By Jimmy John’s Employees

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On July 3rd, the 8th Circuit held that disparaging statements made by Jimmy John’s employees in a labor dispute were not entitled to National Labor Relations Act (“NLRA” or “The Act”) protections – because the actions were...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

Sheppard Mullin Richter & Hampton LLP

National Labor Relations Board Issues Yet Another Decision Finding An Employer’s Work Rules Overly Broad

The National Labor Relations Board (“Board”) recently issued a decision that serves as a reminder for both union and non-union employers that the Board continues to take an aggressive stance on seemingly innocuous employment...more

Seyfarth Shaw LLP

NLRB Tells Employers to Mind their Own Business

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Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

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