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Employer Liability Issues Employment Policies The National Labor Relations Act

Fisher Phillips

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

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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

Ice Miller

Parades, Protests, and Politics: Managing Off-Duty Conduct in the Workplace

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As the nation prepares to celebrate the Fourth of July with parades, fireworks, and barbeques, many employers may find themselves faced with a challenging issue—how to manage employee conduct that occurs off the clock,...more

Oppenheimer Investigations Group

MAGA Hats and Pronoun Disputes Test Workplace Speech Boundaries

The line between protected political speech and workplace disruption depends largely on who signs your paycheck. Public employees enjoy First Amendment protections that private sector workers lack, but even government...more

Maynard Nexsen

Acting NLRB General Counsel Rescinds Several GC Memos, including Guidance on Restrictive Covenants

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On February 14, 2025, newly appointed National Labor Relations Board Acting General Counsel William Cowen issued a General Counsel memorandum rescinding several memoranda issued by prior NLRB GC Jennifer Abruzzo. Among of...more

Lerch, Early & Brewer

NLRB Finds Captive-Audience Meetings Unlawful

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In mid-November, the National Labor Relations Board (NLRB) overturned 75 years of precedent and found that captive-audience meetings violate the National Labor Relations Act (NLRA) in its Amazon.com Services LLC decision....more

Bradley Arant Boult Cummings LLP

You Posted What?! Considerations for Employers’ Social Media Policies in 2025 | Insights & Events

Whether or not the TikTok ban is upheld following the January 10, 2025, oral arguments in front of the Supreme Court, employers should be aware of some social media trends stemming from the app that are here to stay. As...more

Constangy, Brooks, Smith & Prophete, LLP

The intersection of partisan political speech and employee rights. Look both ways before crossing.

Considering the barrage of vitriolic campaign ads that invaded our homes on a nightly basis during the past year, you might think that political debate in America had reached a new low. Think again....more

Meyers Nave

Employment Law 2025 Legal Update

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STAY AHEAD OF 2025’s LEGAL CHANGES - Review your employee handbook and employment contracts for necessary updates on these changes to the law, effective January 1, 2025. Employer Captive Audience Meetings are Banned...more

Weintraub Tobin

Lawsuit Filed by CA Chamber of Commerce: Challenging Senate Bill 399

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This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political...more

Fisher Phillips

Republican Senator Surprises Employers By Releasing Framework for Pro-Labor Bill: 7 Key Sections to Track

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Just days into the newest Congressional session, a key Republican Senator shocked many employers by pushing for a law that would significantly tilt the playing field to the benefit of unions and labor advocates. Senator Josh...more

Faegre Drinker Biddle & Reath LLP

Make No Mistake: The NLRB Revives the ‘Clear and Unmistakable Waiver’ Standard

One December 10, 2024, the National Labor Relations Board (NLRB) issued its decision in Endurance Environmental Solutions, LLC, upending its prior “contract coverage” standard for determining whether a unionized employer...more

Burr & Forman

The Burr Broadcast: Captive Audience Meetings

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In this episode of The Burr Broadcast, Joe Barnello examines the recent decisions from the National Labor Relations Board on so-called captive audience meetings and communications regarding the management-employee...more

Downs Rachlin Martin PLLC

The NLRB Rules Captive Audience Meetings are Unlawful

On November 13, 2024, in its decision Amazon.com Services LLC, the National Labor Relations Board (“Board”) banned mandatory “captive audience meetings,” a tool historically used by employers during union campaigns to express...more

Vorys, Sater, Seymour and Pease LLP

Captive Audience Meetings: A Thing of the Past?

For decades, employers faced with ongoing workplace unionization could hold a mandatory meeting, on paid time, to educate employees on the potential impacts of unionization and offer the employer’s perspective on unionizing...more

Bond Schoeneck & King PLLC

The National Labor Relations Board Rejects 75 Years of Precedent and Bans Captive Audience Meetings

Once again, the National Labor Relations Board (the Board) has upended long-established precedent. On Nov. 13, 2024, the Board issued its decision in Amazon.com Service, LLC, banning so-called “captive audience meetings”...more

Faegre Drinker Biddle & Reath LLP

NLRB Rules Captive-Audience Meetings Unlawful

The Board’s Decision - On Wednesday, November 13, 2024, in Amazon.com Services LLC (Amazon), the National Labor Relations Board declared that an employer violates the National Labor Relations Act when the employer...more

Steptoe & Johnson PLLC

National Labor Relations Board Ditches Decades-Long Precedent on Employers’ Unionization Threats

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On November 8, in Siren Retail Corp., 373 NLRB No. 135 d/b/a Starbucks, the National Labor Relations Board (NLRB or Board) overturned its categorical rule that immunized nearly all employers’ statements concerning the effects...more

UB Greensfelder LLP

NLRB Outlaws Captive Audience Meetings

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What employers should do to avoid violation - On November 13, 2024, the National Labor Relations Board (“NLRB” or “the Board”) ruled that captive audience meetings— mandatory employer-sponsored meetings attempting to...more

Epstein Becker & Green

#WorkforceWednesday®: How to Navigate Employee Stress After Election Day - Employment Law This Week®

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This week, we’re underlining the importance of managing election-related tensions in the workplace: Both political parties have called this the most consequential election in recent history, which means that this morning in...more

Bricker Graydon LLP

Employee Repayment Agreements - Safe from the NLRB?

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Consider finding a new job with a company: On your first day, the company explains that it will invest a significant amount of time and resources in training you. In return, the company expects you to sign a training...more

BakerHostetler

Choose Your Words Carefully - Starbucks Violated National Labor Relations Act Due to CEO’s Comments During Virtual Q&A

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On October 2, 2024, the National Labor Relations Board (NLRB) found that Starbucks Corp. violated Section 8(a)(1) of the National Labor Relations Act (NLRA) when CEO Howard Schultz made purportedly coercive comments to a...more

Goulston & Storrs PC

Political Speech in the Workplace: Legal Considerations for Employers

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As the 2024 U.S. presidential election approaches, many employers are bracing themselves for a wave of political discussions—and tension—in the workplace and elsewhere. Navigating these inevitable interactions and the...more

Fisher Phillips

Employer’s Cheat Sheet for Election Season

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Here’s a handy cheat sheet that summarizes some key points from our Essential FAQs for the 2024 Election Season. Make sure to check out the full series of FAQs to understand your rights and responsibilities....more

FordHarrison

Managing Political Discussions in Florida’s Private Workplaces: What Employers Need to Know

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Introduction - As the election draws near, private (nongovernmental) employers in Tampa Bay face unique challenges regarding political speech in the workplace. While they have considerable flexibility to regulate political...more

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

With New Record and Transcribe Tools, Should Employers Be Concerned?

New advanced features built into smartphones, mobile devices, and other applications allow individuals to record and transcribe phone calls and meetings more easily than ever before. While such tools can improve employee...more

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