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The National Labor Relations Act › Employer Responsibilities

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Spilman Thomas & Battle, PLLC

NLRB’s Acting General Counsel Provides Employers with Sweet Guidance About Union “Salts”

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Unions sometimes use a strategy called “salting” to organize employees. It occurs when a union sends a union member (a “salt”) to an unorganized job site to obtain employment and then organize the employees. Because job...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 2, August 2025

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Welcome to our latest issue of SuperVision. In this edition, we cover the latest Supreme Court ruling regarding reverse discrimination, navigating lawful DEI approaches, recent trends in unionizing efforts, and the new...more

BakerHostetler

NLRB General Counsel Gets Salty: Directs Regions to Take a Closer Look at Whether an Applicant for Employment in a ‘Salting’ Case...

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On July 24, William B. Cowen, the acting general counsel (GC) of the National Labor Relations Board (NLRB or Board), issued GC Memorandum 25-08 (Memo) to the Board’s regional offices (Regions) to provide guidance on...more

CDF Labor Law LLP

NLRB Acting General Counsel Addresses Surreptitious Recording of Collective Bargaining Sessions

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The National Labor Relations Board (NLRB) has not previously addressed whether the surreptitious recording of collective bargaining sessions is a standalone violation of the National Labor Relations Act (NLRA). However, with...more

BakerHostetler

“Please (Don’t) Speak into My Lapel”: Secret Recordings at the Bargaining Table Are Now a Per Se Violation of the NLRA

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Back in 2021, we reported on a D.C. Circuit decision that the National Labor Relations Board (NLRB or Board) could rely on a secret, arguably illegal, recording of an employer meeting with employees in finding that the...more

Proskauer - Labor Relations Update

Hold the Salt: Essential Takeaways from NLRB Acting GC’s Guidance On Union Salting Investigations

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On July 24, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-08 to the Board’s 26 regional offices providing guidance on determining if an...more

Proskauer - Labor Relations Update

Fifth Circuit Bites into NLRB: Apple’s Union Campaign Conduct Lawful

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In the latest (of many) U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders, the Fifth Circuit has tackled employer actions during organizing campaigns. In Apple Inc. v. NLRB, No....more

Fox Rothschild LLP

States Pondering ‘Trigger’ Legislation to Enforce the National Labor Relations Act

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Several states are considering “trigger” laws that would allow their own labor authorities to effectively enforce labor laws if the National Labor Relations Board (NLRB or Board) fails or is unable to do so. This...more

Ballard Spahr LLP

NLRB Acting General Counsel Says Secretly Recording Union Negotiations is Unlawful

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The National Labor Relations Board’s (NLRB) Acting General Counsel recently concluded that surreptitious recordings of collective bargaining sessions is a per se violation of the National Labor Relations Act (the Act). In...more

Proskauer - Labor Relations Update

NLRB Acting GC: Secret Recordings Of Negotiations Violate NLRA  

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On June 25, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-07 to the Board’s 26 regional offices arguing that if an employer or union...more

Oppenheimer Investigations Group

MAGA Hats and Pronoun Disputes Test Workplace Speech Boundaries

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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

Tonkon Torp LLP

Employers: How to Navigate Four Common Conflicts to Minimize Litigation Risks

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After more than three decades providing employers legal counsel and litigation representation, I’ve seen (and helped prevent) a great deal of conflict at the workplace. What’s important for every employer to keep in mind is...more

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

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Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Ballard Spahr LLP

Labor Leadership Takes an Expected (and Unexpected) Change

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One week after his inauguration, President Donald Trump has taken additional moves to impact the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL)....more

FordHarrison

[Webinar] 2024 Employers' Election Guide: Voting Leave, Political Speech in the Workplace, NLRA's Protections and More - September...

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As Election Day, November 5, 2024, approaches, U.S. businesses must keep in mind voting leave laws in their respective states. Voting leave laws allow for accommodations of employees to vote in elections without fear of a...more

Frantz Ward LLP

Not-So-Friendly Reminders from the NLRB to Review Your Severance Agreements and Employee Handbooks

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Recent decisions and settlements from the National Labor Relations Board should serve as a not-so-friendly reminder to ensure that your severance agreements and employee handbooks do not run afoul of the National Labor...more

Baker Donelson

Employers Take Notice: OSHA and NLRB Join Forces for Workplace Safety Investigations

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On Tuesday, October 31, 2023, the Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board (NLRB) published a Memorandum of Understanding (2023 MOU) to facilitate interagency cooperation and...more

K&L Gates LLP

NLRB Weakens Secret-Ballot Elections in Union Campaigns, Increasing Unionization Perils

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On 25 August 2023, the Cemex decision by the National Labor Relations Board (NLRB or Board) upended 52 years of Board law that had previously enshrined the secret-ballot election as the default method for union certification....more

Clark Hill PLC

Breakin’ the Rules: NRLB Decision on Work Rules

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On Aug. 2, the National Labor Relations Board (NLRB or the “Board”) issued its much-awaited decision on handbooks and work rules in Stericycle, 372 NLRB No. 113 (2023).  The new and very revised standard will make it more...more

Saul Ewing LLP

Employee Handbooks Should Be Reviewed Under New NLRB Ruling

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Since 2017, employers have been able to rely on The Boeing Company, 365 NLRB No. 154 (2017) (“Boeing”), for relatively clear guidance on the lawfulness of their work rules (including employee handbook policies and manuals)....more

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Can You Discipline Employees for Workplace Outbursts? NLRB Says It Depends on the Setting

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Imagine that an employee in a workplace meeting stands up, and in a profanity-laced tirade, calls the manager in the meeting several names not fit for print. Most employers would immediately discipline, if not fire, that...more

Spilman Thomas & Battle, PLLC

What Florida Employers Can Do When a Union Knocks on Their Door

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When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their rights and obligations when dealing with unions to ensure that...more

Spilman Thomas & Battle, PLLC

What Employers Can Do When a Union Knocks on Their Door

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When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their rights and obligations when dealing with unions to ensure that...more

Carlton Fields

NLRB New Rule Affects How All Employers Should Approach Severance Agreements and Other Employment Contracts

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On February 21, 2023, in McLaren Macomb, No. 07–CA–263041, the National Labor Relations Board held that confidentiality and nondisparagement provisions are prohibited in severance agreements where they purport to limit an...more

Frantz Ward LLP

New NLRB Ruling in T-Mobile, Inc. Takes Aim at Employee Action Committees

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Employers often rely on employee committees to enhance employee engagement and gain valuable insight regarding areas of group concern, but a new NLRB ruling in T-Mobile, Inc. teaches employers that if they are not managed...more

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