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A comprehensive summary of the most significant previously-issued NLRB decisions up for reconsideration now that the U.S. Supreme Court has declared President Obama's recess NLRB appointments unconstitutional....more
Social media policies. Chances are your company has one, is in the process of drafting one, or is worried about not having one. Employees continue to gripe about their jobs and their bosses on Facebook, as states like...more
The United States Court of Appeals for the District of Columbia Circuit issued an order on January 25, 2013, which struck, as unconstitutional, President Obama's recess appointments to the National Labor Relations Board...more
The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more
President Obama's re-election, a newly active NLRB, and important decisions pending before the Supreme Court promise to make 2013 an interesting year in labor and employment law – domestically and internationally. Here is a...more
The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more
This article addresses two recent National Labor Relations Board decisions. The first found the electronic posting rules of Costco Wholesale Corp. overly broad. The second found a “courtesy rule” of car dealership Karl Knauz...more
The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more
The National Labor Relations Board (“NLRB”) recently issued its first two rulings on employer social media policies and its first ruling on an employee’s termination due to posts on Facebook. These rulings are significant for...more
Between the summer of 2011 and the spring of 2012, the Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon, published three Advice Memos that expressed his views on the application of the...more
On October 1, 2012, the National Labor Relations Board (NLRB) issued another decision addressing the intersection between the National Labor Relations Act (the Act), social media, and handbook policies prohibiting...more
Continuing its aggressive foray into nonunion workplaces, the NLRB has weighed in on social media and employee handbook issues, finding certain language to be unlawful under Section 8(a)(1) of the National Labor Relations...more
On September 7, 2012, in a decision that is likely to have wide-ranging implications for companies’ social media policies, the NLRB issued a decision finding that Costco’s policy prohibiting defamatory statements about the...more
In its first-ever decision on an employer's social media policy, the National Labor Relations Board (NLRB) has found Costco Wholesale Corp.'s policy to be overly broad and unenforceable in the case Costco Wholesale...more
On Tuesday, just weeks after the National Labor Relations Board issued its first decision on an employer's social media policy in Costco Wholesale Corp., an administrative law judge joined in the Board's efforts to scrutinize...more
A panel of the National Labor Relations Board has found that electronic posting rules issued by Costco Wholesale Corporation violated the National Labor Relations Act. The Board panel largely followed guidance issued...more
In its first ruling on an employer’s social media policy, the National Labor Relations Board found that Costco Wholesale Corporation’s social media policy in its employee handbook violated the National Labor Relations Act....more
There is no denying that the NLRB has recently devoted significant attention to employee’s use of social media. Since August 2011, the Board’s Acting General Counsel, Lafe Solomon, issued three reports outlining his view of...more
The National Labor Relations Board agrees with the Agency's General Counsel—blanket rules and policies that prohibit employees from making online statements that are "damaging" to their employer violate the National Labor...more
A recent decision from the NLRB illustrates the importance of carefully reviewing your work rules and policies to assure that the mere maintenance of a rule does not end up being an unfair labor practice. In Costco Wholesale...more
There is no denying that the NLRB has recently devoted significant attention to employee’s use of social media. Since August 2011, the Board's Acting General Counsel, Lafe Solomon, issued three reports outlining his view of...more
Employee use of social media – and employer regulation of that use – continues to draw a virtually unprecedented level of attention at the National Labor Relations Board. The Board's Acting General Counsel issued three...more
Over the past couple of years, the National Labor Relations Board’s Acting General Counsel has placed heightened emphasis on the application of the National Labor Relations Act (NLRA) to social media. Most of this emphasis...more
What a difference a year makes. Last year, we saw a blizzard of change coming from the NLRB. One could forecast what was going to happen due to the proactive nature of the agency's public expression of its intentions, as well...more
Recently, the National Labor Relations Board (NLRB) has issued a number of decisions restricting the ways in which employers can limit employee electronic communications, even when those communications may damage the company...more