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Employer Liability Issues › Employee Handbooks › Protected Activity

Fisher Phillips

Trump Names New Labor Board Nominees: The 5 Cases That Could Soon Reshape the Law

Fisher Phillips on

After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Bodman

NLRB Targets More Restrictive Standard for Employee Handbooks and Work Rules

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The National Labor Relations Board’s (“Board”) upcoming decision in Stericyle, Inc., NLRB Docket No. 01-CA-137660 may impact how the Board assesses the lawfulness of employer work rules and handbook policies in both union and...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

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INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

Proskauer - Labor Relations Update

NLRB Majority: Employer May Continue “No Recording” Rule, Even After Unlawfully Applying it to Single Employee

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In AT&T Mobility LLC , 370 NLRB No. 121 (2021), the NLRB majority (Members Ring and Emanuel) held that the Employer could lawfully maintain a workplace policy prohibiting its workers from recording conversations with their...more

Proskauer - Labor Relations Update

Handbook Civility Rules Aimed at Preventing Toxic Work Environments Found Lawful by NLRB’s Division of Advice

Proskauer - Labor Relations Update on

The NLRB’s Division of Advice recently released a long-awaited Advice Memorandum (originally issued in February 2019, Chipotle Mexican Grill, Case 28-CA-229134 (Feb. 22, 2019)) concerning the validity of two workplace rules...more

Dentons

Yo Momma Smack Down - Where are we on that whole civility thing?

Dentons on

There are days when the workplace can feel a lot like a third-grade playground with kids running back and forth, bruised feelings, tearful meltdowns, and a real and apparent need for a nap and a snack. We also continually...more

Holland & Hart - Employers' Lawyers

Continuing Uncertainty over the Legality of Employer Rules Regulating Employee “Manners” in the Workplace

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The National Labor Relations Board (the “Board”) recently refined its test to determine whether employment rules violate Section 8(a)(1) of the National Labor Relations Act (the “Act”) in The Boeing Company, 365 NLRB No. 154...more

Akerman LLP - HR Defense

NLRB G.C. Issues Guidance on Handbook Rules

Akerman LLP - HR Defense on

Standard employer workplace policies may once again pass muster, following a Memorandum issued this summer by the NLRB Office of General Counsel. Although Memorandum GC 18-04 is addressed to NLRB personnel, its guidance...more

Troutman Pepper Locke

Wisconsin Supreme Court Provides Guidance to Private Universities on Faculty Discipline and Academic Freedom

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Many private colleges and universities have faculty handbooks and/or collective bargaining agreements that, among other things, establish internal disciplinary procedures and make promises to faculty about academic freedom....more

Fisher Phillips

Don’t Call It A Comeback: The “Return” Of Workplace Civility Rules

Fisher Phillips on

Dear Susan, I have to tell you about a situation that has been occurring between John and myself. But it’s not what you think! Well, maybe it is. I don’t know. I’m hoping that, as our supervisor, you can help me. To put it...more

Amundsen Davis LLC

You CAN Ask Your Employees To Be Happy! Federal Appeals Court Reins In National Labor Relations Board (NLRB)

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Much has been written and discussed about the National Labor Relations Board’s (NLRB) attack on handbook policies over the past several years. The NLRB has found what many consider to be run-of-the-mill, standard policies...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

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

Allen Matkins

Surprise! NLRB Approves Employer’s Challenged Social Media Policy

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In somewhat of a surprise, recently the NLRB affirmed an Administrative Law Judge’s decision, which had rejected the NLRB General Counsel’s challenge to a portion of an employer’s social media policy as unlawful. The...more

BakerHostetler

Tinley Park Hotel and Convention Center: The NLRB Gets Out Its Selfie Stick

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Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly broad” under Section 7...more

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