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Corporate Counsel › Section 7 › Administrative Law Judge (ALJ)

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

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

Proskauer - Labor Relations Update

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

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The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more

Kilpatrick

The NLRB Redefines What Constitutes “Solicitation,” Thereby Broadening The Definition And Returning to Prior Board Precedent

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The NLRB is at it again—with its decision in Wynn Las Vegas, LLC the Board has continued its practice of scaling back decisions of the Obama Board. In Wynn Las Vegas, the Board redefined “solicitation” to comport with prior...more

Proskauer - Labor Relations Update

Union’s Efforts to Scare Employees From Participating in Employer Investigations Rebuked by the Board

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On June 5, 2020, the NLRB held, in Teamsters Local Union No. 735-S (Bemis Co., Inc.), 369 NLRB No. 97, that union officials’ retaliatory actions against members who participated in an investigation resulting in the discharge...more

Proskauer - Labor Relations Update

NLRB Reaffirms Limitations on Employers’ Ability to Solicit Employee Assistance in Anti-Union Campaigning and Confidentiality...

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In maintaining business as usual as best it can amidst the ongoing COVID-19 crisis, the Board recently decided an issue concerning limitations on employer campaign tactics, and an employer’s limits in restricting discussions...more

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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...

Proskauer - Labor Relations Update on

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

Proskauer - Labor Relations Update

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

Proskauer - Labor Relations Update on

On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

Proskauer - Labor Relations Update

Recent ALJ Decision Provides Important Nuance Regarding Workplace No Recording Rules

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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

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Orders Hospital to Reinstate Former Employee Who Shared Staffing Concerns With Media

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A recent decision by a National Labor Relations Board (NLRB) administrative law judge (ALJ) serves as a good reminder that even nonunion employees in healthcare settings are protected by Section 7 of the National Labor...more

Troutman Pepper Locke

April and May 2018 Independent Contractor Misclassification and Compliance News Update

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The past two months were momentous for many companies that engage independent contractors in California to supplement their workforce or to interact with their customers. This applies not only to businesses based in...more

Hinshaw & Culbertson LLP

NLRB Evaluates Personnel Handbook for Section 7 Compliance and Finds Moonlighting Policy Unlawful

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Nicholson Terminal & Dock Company ALJ Decision (07-CA-187907) An Administrative Law Judge (ALJ) of the National Labor Relations Board (NLRB) recently evaluated Nicholson Terminal & Dock Company's (Nicholson) Personnel...more

Proskauer - Labor Relations Update

Two Employees, Social Media, An Unlawful Policy ... What Could Possibly Go Wrong?

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The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology. In reality, the legal standard for evaluating whether conduct is protected concerted activity did not change. Rather, all...more

Baker Donelson

The NLRB is Still in Business – Watch Your Handbooks

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While employers wait to see if the Trump Administration will produce a kinder, gentler National Labor Relations Board (NLRB), the NLRB is still in the business of punishing employers for workplace policies that ostensibly...more

Sheppard Mullin Richter & Hampton LLP

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

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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

Bradley Arant Boult Cummings LLP

Employers Hold Up on the Hand Out Policies: 11th Circuit Classifies Company Non-Solicitation Policy as Overbroad

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You know that short non-solicitation policy in your handbook that says don’t handout stuff at work that doesn’t have to do with work that you think is clearly legal? Think again. A recent Eleventh Circuit decision agreed with...more

Seyfarth Shaw LLP

NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech

Seyfarth Shaw LLP on

Seyfarth Synopsis: A new NLRB decision that attempts to define further the boundaries of protected speech under the NLRA. In Laborers’ International Union of North America and Mantell, Case No. 03-CB-136940 (NLRB...more

Littler

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Littler on

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...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

Kelley Drye & Warren LLP

Employee Manuals – Sticking to the Script: New Guidance from the NLRB

Kelley Drye & Warren LLP on

On April 7, 2016, a National Labor Relations Board (“NLRB”) Administrative Law Judge (“ALJ”) ruled that five Dan Gilbert companies, including Quicken Loans Inc., Fathead LLC, In-House Realty LLC, One Reverse Mortgage LLC,...more

Seyfarth Shaw LLP

D.C. Circuit Court of Appeals May Limit the Board’s Standard for Evaluating Employers’ Confidentiality Policies

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In Hyundai Am. Shipping v NLRB, No. 11-1351 (Nov. 6, 2015), the D.C. Circuit Court of Appeals recently enforced a Board order with respect to a work rule that prohibited employees from discussing matters under investigation...more

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