Michel Vanesse on NLRA

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more

8/23/2017 / Adverse Employment Action , Diversity , Employer Liability Issues , Employment Policies , Equal Employment Opportunity Commission (EEOC) , First Amendment , Free Speech , Google , Hate Speech , Hiring & Firing , NLRA , NLRB , Political Expression , Protected Concerted Activity , Race Discrimination , Retaliation

Second Circuit Upholds NLRB Ban on No Recording Policy

Last year, the National Labor Relations Board (NLRB) surprised many employers when it declared illegal Whole Foods’ policy that prohibits employees from video or audio recording in the workplace. The Board concluded that the...more

6/19/2017 / Audio Recording , Employment Policies , NLRA , NLRB , Protected Concerted Activity , Section 7 , Video Recordings , Whole Foods , Workplace Communication

Expletive-Laced Facebook Rant Protected Under Federal Labor Law

Many people have fanaticized about telling their boss what they really think about him or her. Fortunately, most employees have the good sense not to write down what they are thinking about their employer....more

5/5/2017 / Employment Policies , Facebook , NLRA , NLRB , Offensive Language , Protected Activity , Social Networks

Fourth Circuit Rejects Police Department's Social Media Policy on First Amendment Grounds

Most of the recent legal controversy over employer enforcement of social media policies has involved employees’ concerted activity rights under the National Labor Relations Act. However, a recent case from the Fourth Circuit...more

1/24/2017 / Appeals , First Amendment , NLRA , Public Employees , Social Media Policy

Supreme Court Agrees to Review NLRB Position on Class Action Arbitration Waivers

Last week, the U.S. Supreme Court accepted review of a case that should decide whether employers can include class and collective action waivers in mandatory arbitration agreements signed with individual employees. Under...more

1/23/2017 / Certiorari , Class Action Arbitration Waivers , Federal Arbitration Act , NLRA , NLRB , SCOTUS

Seventh Circuit Upholds NLRB Order to Return Jobs from Mexico to U.S. Facility

The National Labor Relations Act vests the NLRB with broad powers to correct violations of U.S. labor laws. Last month, the Seventh Circuit Court of Appeals confirmed the Board’s broad reach by affirming a decision ordering a...more

9/13/2016 / Corporate Counsel , Enforcement Authority , NLRA , NLRB , Strike , Unfair Labor Practices

NLRB Finds Temp Agency Joint Employer with User of Labor Services

In recent years, the National Labor Relations Board (NLRB) has begun finding separate companies jointly liable for compliance with federal labor laws under a joint or co-employment theory. Most notably, the Board has...more

9/8/2016 / Corporate Counsel , Joint Employers , NLRA , NLRB , Staffing Agencies , Unfair Labor Practices , Union Elections

NLRB Says General Conflict of Interest Policies Violate Federal Labor Law

Another week, another National Labor Relations Board decision concluding that a standard employee handbook policy violates employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. This time,...more

8/23/2016 / Conflicts of Interest , Corporate Counsel , Employee Handbooks , NLRA , NLRB , Protected Concerted Activity , Section 7

D.C. Circuit Upholds NLRB Position on Illegal Handbook Policies

Over the past several years, the National Labor Relations Board has repeatedly declared standard employee handbook policies illegal because it considered them to violate employees’ rights to engage in protected concerted...more

8/16/2016 / Confidentiality Agreements , Corporate Counsel , Employee Handbooks , NLRA , NLRB , Non-Disparagement Provisions , Protected Concerted Activity , Quicken Loans , Section 7

Appellate Court Split Sets Stage for Supreme Court to Determine Use of Class Action Waivers in Employment Arbitration Agreements

As previously reported in EmployNews, the National Labor Relations Board has issued numerous recent decisions finding that employers’ use of class and collective action waiver provisions in mandatory arbitration agreements...more

6/14/2016 / Arbitration Agreements , Class Action Arbitration Waivers , DirecTV v Imburgia , Federal Arbitration Act , Mandatory Arbitration Clauses , NLRA , NLRB , Section 7 , Split of Authority

NLRB Again Rejects Employer Code of Conduct Provisions Requiring Positive Coworker Relations

Last month, the National Labor Relations Board continued its rejection of employer conduct policies intended to promote harmonious and productive working relationships among employees. In T-Mobile USA, Inc., unionized...more

6/1/2016 / Code of Conduct , NLRA , NLRB , Protected Concerted Activity , Section 7 , T-Mobile , Unfair Labor Practices , Unions , Working Conditions

NLRB Rejects General Employee Behavior Standards in Code of Conduct

The National Labor Relations Board continues its assault on employer handbooks and other policies it considers to impede employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. Last month, the...more

5/4/2016 / Code of Conduct , Employee Handbooks , Hospitals , NLRA , NLRB , Nurses , Patient Safety , Protected Concerted Activity , Section 7 , Termination , Workplace Bullying

Social Media Policy Cannot Prevent Employee from Negative Responses to Customer Tweets

The National Labor Relations Board continues to interpret Section 7 of the NLRA to prevent employers from adopting social media policies that restrict employees’ ability to publically complain about their terms and conditions...more

4/12/2016 / Administrative Law Judge (ALJ) , Chipotle Grill , NLRA , NLRB , Popular , Protected Concerted Activity , Section 7 , Social Media Policy , Termination

Supreme Court Upholds Class Action Arbitration Waivers

Employers seeking to avoid costly and often hostile juries have increasingly relied upon mandatory arbitration agreements with employees. Under these provisions, the parties agree to submit any disputes involving the...more

12/21/2015 / Arbitration Agreements , Class Action Arbitration Waivers , DirecTV , DirecTV v Imburgia , Federal Arbitration Act , NLRA , NLRB , Preemption , SCOTUS

NLRB Says Employee Protest of Government Action is Protected Concerted Activity

Section 7 of the National Labor Relations Act protects employees’ rights to engage in “concerted activity.” Concerted activity means persons acting on behalf of two or more employees with regard to issues involving terms and...more

10/12/2015 / Corporate Counsel , NLRA , NLRB , Popular , Protected Concerted Activity , Section 7 , Taxi Cabs

NLRB Says Arbitration Agreement Without Carve-Out for Unfair Labor Charges Violates Federal Labor Law

Last week’s EmployNews reported on efforts by the Equal Employment Opportunity Commission to attack employer-prepared releases because they supposedly do not contain adequate assurances that their terms do not prevent...more

9/21/2015 / Arbitration , Discrimination , Employment Contract , Mandatory Arbitration Clauses , NLRA , NLRB , Unfair Labor Practices

NLRB Expands Joint Employer Coverage

On Thursday, the National Labor Relations Board overturned 30 years of precedent, significantly expanding its definition of joint employer coverage under the NLRA. This decision has wide implications, including possible...more

8/31/2015 / Browning-Ferris Industries of California Inc. , Collective Bargaining , Franchises , Joint Employers , NLRA , NLRB , Right to Control , Staffing Agencies , Teamsters , Temporary Employees , Unions

NLRB Says Filing Class Action Lawsuit is Protected Concerted Activity

Section 7 of the National Labor Relations Act prohibits employers from discriminating or retaliating against employees who engage in protected concerted activity. Concerted Activity means actions involving terms and...more

8/17/2015 / Class Action , Collective Actions , Discrimination , Employer Liability Issues , Fair Labor Standards Act (FLSA) , NLRA , NLRB , Protected Concerted Activity , Restaurant Industry , Retaliation , Section 7 , Tipped Employees

NLRB Says Employers Cannot Ask Employees Not to Discuss Internal Investigation

When conducting an internal investigation involving possible disciplinary violations, employers often ask participants in the investigation to maintain its confidentiality pending completion. Last month, the National Labor...more

7/20/2015 / Adverse Employment Action , Confidential Employer Investigations , Internal Investigations , NLRA , NLRB , Popular , Protected Concerted Activity , Section 7

NLRB Says Employer Cannot Rescind Contract for Employee Who Wrote Complaining Email to Co-Workers

As previously reported in EmployNews, recent National Labor Relations Board decisions have disrupted established guidelines with regard to employers’ obligations to tolerate uncivil and insulting behavior and comments from...more

6/26/2015 / Employment Contract , Hiring & Firing , NLRA , NLRB , Protected Concerted Activity , Section 7 , Teachers , Termination , Wrongful Termination

NC General Assembly Overrides Veto of Property Protection Bill

Last week, the North Carolina House and Senate overrode Governor McCrory’s veto of legislation intended to shield employers from video or other data or documents release by employees. H.B. 405, called the “ag-gag” bill by...more

6/16/2015 / Audio Recording , Farm Animals , Farms , First Amendment , Governor McCrory , Legislative Agendas , NLRA , Section 7 , Trade Secrets , Video Recordings , Whistleblowers

Federal Judge Rejects Challenge to NLRB Ambush Election Rules

Employers concerned over the impact of new National Labor Relations Board union election rules lost some hope last week that federal courts would step in to stop the regulations from going into effect. The NLRB rules...more

6/16/2015 / Ambush Election Rules , Employer Liability Issues , NLRA , NLRB , Statutory Interpretation , Union Elections , Unions

Federal Court Rejects Challenge to Contractor Labor Posting Requirements

In 2010, President Obama issued Executive Order 13496 requiring federal contractors to post a new notice of employee federal labor rights. Among other things, the posting advised contractors’ employees of their rights to...more

5/22/2015 / Barack Obama , Employee Rights , Employer Liability Issues , Executive Orders , Federal Contractors , First Amendment , NLRA , Posting Requirements , Unions

ALJ Nixes Hospital's Broad English-Only Rule Under NLRA

For years, the Equal Employment Opportunity Commission has cautioned employers against adopting strict English-only rules in the workplace. The EEOC considers such policies to constitute race and/or national origin...more

4/17/2015 / Corporate Counsel , Employer Liability Issues , English-Only Rules , Equal Employment Opportunity Commission (EEOC) , National Origin Discrimination , NLRA , Race Discrimination , Section 7

NLRB General Counsel Releases Memo on Employee Handbook Conflicts With Employee Concerted Activity Rights

Over the past several years, EmployNews has reported dozens of cases involving challenges by the National Labor Relations Board’s Office of the General Counsel to what appeared to be standard employee handbook provisions. In...more

4/7/2015 / Confidentiality Agreements , NLRA , NLRB , Protected Concerted Activity , Section 7 , Social Media Policy

Michel Vanesse

Parker Poe Adams & Bernstein LLP

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