Ashley Cano on NLRB

The End of an Era? NLRB Holds Lawful Employer’s Rules Restricting Employee Communications on Social Media, But This Pro-Employer...

Seyfarth Synopsis: Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA. However, the Board panel was sharply...more

1/13/2021 / Corporate Counsel , Employer Liability Issues , Employment Policies , NLRA , NLRB , Protected Concerted Activity , Section 7 , Social Media , Social Media Policy

Non-Union Employers Take Note: The COVID-19 Crisis is Likely to Cause a Spike in Union Organizing Activity

Seyfarth Synopsis: The COVID-19 crisis is creating fertile ground for union organizing efforts, and labor unions are aiming to capitalize on this. Non-union employers should be attuned to this reality, and to the extent they...more

5/18/2020 / Coronavirus/COVID-19 , Employer Liability Issues , Labor Reform , Labor Relations , NLRA , NLRB , Section 7 , Union Organizers , Unions

NLRB Publishes Advice Memo Finding that Company Maintained Unlawfully Overbroad Work Rules But Did Not Violate NLRA By Discharging...

Seyfarth Synopsis: The NLRB’s Division of Advice recently released an Advice Memorandum finding that a security company’s work rules were unlawfully overbroad, but that the company did not violate the National Labor Relations...more

5/1/2019 / Defamation , Employee Rights , Employment Litigation , Employment Policies , Facebook , Former Employee , Hiring & Firing , NLRA , NLRB , Protected Concerted Activity , Unfair Labor Practices , Wage and Hour

D.C. Circuit Rules That Off-Duty Employees Had A Right To Picket On Hospital Property

Seyfarth Synopsis: U.S. Court of Appeals for the D.C. Circuit rules that the NLRB properly found that a hospital violated the NLRA by threatening employees with discipline and arrest for peacefully picketing on hospital...more

8/17/2018 / Collective Bargaining Agreements (CBA) , Employee Rights , Healthcare Facilities , Labor Disputes , NLRA , NLRB , Off-Duty Employees , Private Property , Right to Picket , Section 7 , Strike , Unions

NLRB Finds Cocktail Waitress Was Illegally Fired For Voicing Workplace Complaints

Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a cocktail bar waitress was illegally fired for voicing workplace concerns during a staff meeting....more

5/3/2018 / Administrative Law Judge (ALJ) , Corporate Counsel , Employer Liability Issues , Employment Litigation , Hiring & Firing , Labor Law Violations , NLRA , NLRB , Protected Concerted Activity , Retaliation , Statement of Opinion , Wrongful Termination

Employers Beware: Potential Rise in Union Corporate Campaigns

Seyfarth Synopsis: Although many employers may think they can let their guard down a little bit when it comes to the NLRB under the Trump Administration, history suggests otherwise. During the last Republican Administration,...more

2/2/2018 / Employer Liability Issues , NLRB , Regulatory Reform , Risk Management , Trump Administration , Unfair Labor Practices , Unions

GC Memo 18-02 May Signal A Shift Away From Finding Disparate Treatment Of Employees During Contract Negotiations To Be Unlawful...

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

12/6/2017 / Administrative Appointments , Administrative Review , Contract Negotiations , Disparate Treatment , NLRB , NLRB General Counsel , Policy Memorandums , Regulatory Standards , Unfair Labor Practices

NLRB Finds That Fast-Food Company Must Allow Employees To Wear “Fight For $15” Buttons

Seyfarth Synopsis: NLRB rules that fast-food company violated the National Labor Relations Act by maintaining a rule prohibiting employees from wearing unauthorized buttons or insignia and by instructing an employee to remove...more

4/5/2017 / Corporate Counsel , Fast-Food Industry , In-N-Out , Minimum Wage , NLRA , NLRB , Restaurant Industry , Uniforms , Union Insignia , Unions , Wage and Hour

NLRB Finds Employee’s Facebook Posts Critical of Union Protected

Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a union member’s criticisms on Facebook of the union that represented him were protected by the NLRA. On February 7, 2017, in Laborers’ International Union of...more

2/21/2017 / Facebook , NLRA , NLRB , Protected Activity , Section 7

NLRB Finds that Employer Unlawfully Refused to Bargain with Union

Seyfarth Synopsis: NLRB rules that the operators of the Detroit Masonic Temple unlawfully refused to bargain with a union that represented various engineers and maintenance workers at the temple, even though none of the...more

12/7/2016 / Administrative Law Judge (ALJ) , Collective Bargaining , Corporate Counsel , Employer Liability Issues , NLRA , NLRB , Unions

D.C. Circuit Upholds NLRB Finding that Employment Agreement’s Confidentiality and Non-Disparagement Provisions Violated the NLRA

Seyfarth Synopsis: The U.S. Court of Appeals for the D.C. Circuit recently denied Quicken Loans, Inc.’s petition for review of an NLRB decision finding that confidentiality and non-disparagement provisions in the company’s...more

8/9/2016 / Confidentiality Agreements , Employee Rights , Employment Contract , Mortgage Bankers , NLRA , NLRB , Non-Disparagement Provisions , Petition for Review , Quicken Loans , Section 7

Two Additional Lawsuits Filed Challenging the DOL’s Final Persuader Rule

In follow-up to our earlier blog post about the first lawsuit to challenge the U.S. Department of Labor’s Final Persuader Rule that was promulgated in late March, two additional lawsuits have been filed challenging the Final...more

4/5/2016 / Administrative Procedure Act , Department of Labor (DOL) , Due Process , Final Rules , First Amendment , Free Speech , Freedom of Association , LMRDA , NLRA , NLRB , Persuader Rules , Regulatory Flexibility Act , Unions , Vagueness

NLRB Sets Aside Election Results Due to Overbroad Work Rules

In an unpublished decision (Blommer Chocolate Co. of California, LLC, Case No. 32-RC-131048) issued on February 17, the NLRB set aside the results of an election in which the tally of ballots was 18 for and 50 against the...more

2/29/2016 / Confidentiality Policies , Corporate Counsel , Employee Handbooks , NLRA , NLRB , Purple Communications , Union Elections

NLRB Regional Director Finds that Employer Failed to Substantially Comply with New Requirement to Provide “Available” Personal...

After the NLRB’s expedited election rules went into effect last April, the extent to which an employer faced with a union representation petition must search for and provide voters’ personal email addresses and cell phone...more

10/20/2015 / Cell Phones , Contacts List , Corporate Counsel , Databases , Email , Employer Liability Issues , Good Faith , Hospitals , Human Resources Professionals , NLRB , Quickie Election Rules , Union Elections , Unions

NLRB Affirms Its Previous Decision Requiring Employer to Continue Providing Annual Wage Increases Beyond Contract Expiration

We previously blogged about the NLRB’s relatively shocking September 2012 decision in Finley Hospital (359 NLRB No. 9), in which the Board held that an employer was required to continue providing wage increases after the...more

6/22/2015 / Appeals , Canning v NLRB , CBAs , Contract Term , Employer Liability Issues , Hospitals , NLRA , NLRB , Nurses , Wages

Ashley Cano

Seyfarth Shaw LLP

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