News & Analysis as of

New Guidance The National Labor Relations Act Employment Policies

Sheppard Mullin Richter & Hampton LLP

Hold the Salt: Key Takeaways from the NLRB’s New Guidance on Union Salting

The National Labor Relations Board (“NLRB”) is sharpening its focus on “salting”—the practice of union organizers seeking employment with non-union employers to facilitate organizing campaigns. On July 24, 2025, the NLRB’s...more

Vorys, Sater, Seymour and Pease LLP

NLRB Signals New Direction: Acting GC Revokes Key Predecessor Memos

On February 14, 2025, the National Labor Relations Board’s (NLRB) Acting General Counsel (GC) William B. Cowen circulated a GC memorandum to all NLRB field offices, revoking certain GC memoranda issued by former General...more

Ballard Spahr LLP

NLRB Acting General Counsel Rescinds Numerous Biden-Era Guidance Memoranda

Ballard Spahr LLP on

The National Labor Relations Board’s Acting General Counsel has moved quickly to undo the work of his predecessor, a Biden appointee, who President Trump recently removed from office. On February 14, 2025, Acting General...more

FordHarrison

Acting NLRB General Counsel Rescinds Controversial Biden-Era Memoranda, Signaling Shift at NLRB

FordHarrison on

On February 14, 2025, National Labor Relations Board Acting General Counsel (“GC”) William Cowen issued Memorandum 25-05, which rescinded dozens of policy memos issued by his predecessor, Jennifer Abruzzo, during the Biden...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Seyfarth Shaw LLP

EEOC Releases Draft Enforcement Guidance on Workplace Harassment and Invites Comment

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 2, 2023, the Equal Employment Opportunity Commission (“EEOC”) published notice of its “PROPOSED Enforcement Guidance on Harassment in the Workplace” (“draft enforcement guidance”) in the Federal...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

Spilman Thomas & Battle, PLLC

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements

In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work memories are separated from work memories. Outside of work, these Lumon Industries employees cannot discuss...more

Epstein Becker & Green

#WorkforceWednesday: OSHA Updates COVID-19 Guidance, NLRB GC’s Priorities, Biometrics at Work - Employment Law This Week®

Epstein Becker & Green on

This week, we look at new federal guidance recommending all employees wear masks in the workplace and unique vaccination considerations for unionized workplaces. OSHA Updates COVID-19 Mask, Vaccination Guidance (see attached...more

Epstein Becker & Green

NLRB Reverses Position on Confidentiality Concerning Workplace Investigations – Holds That Confidentiality Requirements Are...

Epstein Becker & Green on

The National Labor Relations Board, in its December 17th decision in Apogee Retail LLC d/b/a Unique Thrift Store, has reversed its prior rule and held that employer requirements that employees treat workplace investigations...more

McAfee & Taft

NLRB memo offers clarity, good news for employer-issued policies

McAfee & Taft on

For employers, the National Labor Relations Board’s rules for interpreting employer policies have been among the most difficult to navigate the last 15 years. The Board utilized a “reasonably construe” test that resulted in...more

Payne & Fears

NLRB Establishes New Guidance for Employer Workplace Rules

Payne & Fears on

The National Labor Relations Board ("NLRB") has set new standards for determining whether an employment policy strikes the appropriate balance between employees' ability to exercise their rights under Section 7 of the...more

Harris Beach Murtha PLLC

NLRB Releases New Guidance on Workplace Rules and Policies

On June 6, 2018, the National Labor Relations Board (the “Board”) issued new guidance applying the National Labor Relations Act (“NLRA”) to common workplace rules and policies. The new guidance, authored by the Board’s...more

Poyner Spruill LLP

Fresh NLRB Guidance Eases Workplace Policy Restrictions

Poyner Spruill LLP on

Over the past several years, we have written about National Labor Relations Board (“NLRB”) decisions invalidating various policies in employee handbooks, even though the employers in those situations did not have unionized...more

Parker Poe Adams & Bernstein LLP

NLRB Provides Employers With Guidance on Acceptable Handbook Policies

Over the past decade, employers have expressed frustration over the National Labor Relations Board’s increasing scrutiny over what were considered to be standard employee handbook policies. In various board cases, it has...more

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

NLRB GC Memo Provides Updated Guidance on Common Employer Work Rules In Light of Boeing

On June 6, 2018, the National Labor Relations Board’s (NLRB) general counsel (GC) issued a new guidance memorandum (GC Memo 18-04) that contains updated guidance on how the regional offices should be reviewing and...more

McGuireWoods LLP

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 3 Trademarks and Logos, Photography and Workplace Recording, Leaving Work,...

McGuireWoods LLP on

On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks....more

McGuireWoods LLP

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 2 Conduct Toward Coworkers and Third Parties

McGuireWoods LLP on

On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks. The memorandum further solidified the NLRB’s...more

Faegre Drinker Biddle & Reath LLP

A Must Read: NLRB General Counsel Issues Helpful Guidance on Employee Handbook Policies and Rules

Over the past several months, we have alerted you to the National Labor Relations Board’s (NLRB) recent trend of scrutinizing employers’ handbook policies and finding many common policies unlawful. ...more

Foley & Lardner LLP

"Guidance" That Does Not Guide: NLRB General Counsel Issues Interpretations of Common Employee Handbook Policies

Foley & Lardner LLP on

We have not exactly been shy in expressing concern regarding many of the National Labor Relations Board’s (NLRB) recent actions, nor hesitant to opine that its actions appear purposefully designed to advantage unions and...more

McGuireWoods LLP

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 1

McGuireWoods LLP on

On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks. The memorandum further solidified the NLRB’s...more

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

NLRB General Counsel Issues Memorandum Providing Justification for Employer Rule Decisions

Over the past several years, the National Labor Relations Board (NLRB) has aggressively redefined the landscape for employer rules contained in employee handbooks, employee policies, and/or employment agreements....more

Littler

NLRB General Counsel Issues Report Concerning Legality of Common Employer Rules

Littler on

On March 18, 2015, NLRB General Counsel Richard Griffin issued a Report Concerning Employer Rules, in a stated effort to provide guidance on the intersection of employer rules and the National Labor Relations Act (NLRA). ...more

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