On August 2, 2023, in Stericycle, Inc., 372 NLRB No. 113 (2023), the National Labor Relations Board adopted a strict new legal standard for evaluating the validity of workplace rules under the National Labor Relations Act...more
On June 13, 2023, the National Labor Relations Board (“NLRB” or “the Board”) issued its long-awaited decision in The Atlanta Opera, in which it overturned prior law (SuperShuttle DFW, Inc.) and reinstated a narrower test for...more
The National Labor Relations Act governs what most private-sector employers can say and do with respect to employee “concerted” or group activities, whether they are represented by a union or not. ...more
4/15/2021
/ Biden Administration ,
Boeing ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Protected Concerted Activity
Employees have a broad legal right to communicate with one another about wages, benefits, and other employment terms. To effectuate this broad right, the National Labor Relations Board has required employers to exclude such...more
Whether and how to respond to union proposals and requests to bargain are among the important questions employers face when confronting the many health, safety and economic threats posed by the COVID-19 pandemic....more
On October 10, 2019, the National Labor Relations Board issued an important decision in LA Specialty Produce Co., 368 NLRB No. 93 (2019). In its first ruling applying the standard established in The Boeing Co., 365 NLRB No....more
Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more
7/12/2019
/ #MeToo ,
Antitrust Provisions ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Healthcare Workers ,
Hiring & Firing ,
Home Health Care ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Over-Time ,
Rest and Meal Break ,
Section 7 ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Unions ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
White-Collar Exemptions ,
Workplace Safety
As most employers are aware, the National Labor Relations Board’s decision in The Boeing Co., 365 NLRB No. 154 (2017), established a new standard that significantly broadens the scope of rules, policies, and handbook...more
7/3/2018
/ Boeing ,
Confidentiality Policies ,
Employee Handbooks ,
Employee Privacy Rights ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Proprietary Information ,
Regulatory Oversight ,
Regulatory Requirements ,
Section 7 ,
Sensitive Business Information ,
Unions
In The Boeing Co., 365 NLRB No. 154 (2017), the Board approved the maintenance of rules promoting “harmonious interactions and relationships,” and requiring civility in the workplace, as categorically lawful. ...more
On June 6, 2018, NLRB General Counsel Peter Robb issued a lengthy 20-page Memorandum (GC 18-04) providing detailed guidance regarding enforcement of “Handbook Rules Post-Boeing.”...more
On December 14, 2017, the National Labor Relations Board issued an important decision in The Boeing Co., 365 NLRB No. 154 (2017), where the Board’s new three-member majority established a new standard for evaluating the...more
On March 9, 2016, the Office of the General Counsel issued an operations memorandum (OM-16-09) to the NLRB’s regional offices directing them to implement cost-saving measures to address a significant budget deficit facing the...more
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