News & Analysis as of September 18, 2024

Administrative Law Judge (ALJ)

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Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both employees and employers and is an important part of effective human resource management. A proper handbook contains detailed information on non-disclosure and conflict of interest obligations, work schedules, employee compensation and benefits, anti-discrimination policies, and codes of conduct to name a few. less -

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

Seyfarth Shaw LLP on 7/19/2024

An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

Employee Handbooks Remain Under Board Attack

BakerHostetler on 6/21/2024

During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

NLRB Adopts New Standard for Employer Work Rules

Manatt, Phelps & Phillips, LLP on 8/30/2023

The National Labor Relations Board (NLRB) has adopted a new standard for evaluating challenges to employer work rules as facially unlawful under Section 8(a)(1) of the National Labor Relations Act (NLRA), overruling a...more

NLRB Finds Social Media Policies Lawful, Sheds Light on Impact of Boeing

Proskauer - Labor Relations Update on 1/15/2021

As we have discussed before, several years ago, the Board instituted a significant paradigm shift in analyzing the lawfulness of employers’ handbook policies in relation to employees’ Section 7 rights, when it issued its...more

NLRB: Policy Prohibiting Personal Cell Phones in Work Areas Due to Safety Concerns May Be Lawful under Boeing

Proskauer - Labor Relations Update on 6/1/2020

As we previously suggested, the NLRB’s adoption of the Boeing standard for determining the lawfulness of employer’s workplace rules, policies and handbook provisions has provided significant fodder for interesting cases....more

Applying the Boeing Standard, NLRB Upholds Employer’s Policies Restricting Cell Phone Use, Non-Work Email Use and Disclosure of...

Proskauer - Labor Relations Update on 2/24/2020

Applying the facially neutral work rule test laid out in Boeing, the Board recently reversed an Administrative Law Judge decision, concluding that the employer maintained lawful workplace rules restricting employee use of (i)...more

Recent ALJ Decision Provides Important Nuance Regarding Workplace No Recording Rules

Proskauer - Labor Relations Update on 7/18/2019

In late 2017, the NLRB in Boeing Company, 365 NLRB No. 154 (2017), established a new three category system for classifying various employer policies. The new system was designed to balance a “work rule’s negative impact on...more

NLRB Evaluates Personnel Handbook for Section 7 Compliance and Finds Moonlighting Policy Unlawful

Hinshaw & Culbertson LLP on 6/6/2018

Nicholson Terminal & Dock Company ALJ Decision (07-CA-187907) An Administrative Law Judge (ALJ) of the National Labor Relations Board (NLRB) recently evaluated Nicholson Terminal & Dock Company's (Nicholson) Personnel...more

Handbook Wars – Common Sense Returns NLRB Overhauls Standard for Legality of Work Rules

Proskauer - Labor Relations Update on 12/18/2017

We have noted many times over the years how the NLRB’s zeal to review employer policies, or more correctly, fragments of employer policies, for lawfulness has led to nettlesome issues that rarely, if ever, involve actual...more

The NLRB is Still in Business – Watch Your Handbooks

Baker Donelson on 6/5/2017

While employers wait to see if the Trump Administration will produce a kinder, gentler National Labor Relations Board (NLRB), the NLRB is still in the business of punishing employers for workplace policies that ostensibly...more

National Labor Relations Board Issues Yet Another Decision Finding An Employer’s Work Rules Overly Broad

Sheppard Mullin Richter & Hampton LLP on 12/13/2016

The National Labor Relations Board (“Board”) recently issued a decision that serves as a reminder for both union and non-union employers that the Board continues to take an aggressive stance on seemingly innocuous employment...more

Executive Labor Summary - July / August 2016

Constangy, Brooks, Smith & Prophete, LLP on 9/2/2016

NEWS & ANALYSIS - The NLRB continues its assault on workplace civility and efficiency– As we reported more than two years ago, Mark Gaston Pearce, Chairman of the National Labor Relations Board, and NLRB General Counsel...more

Employer Handbook Policies Violate the National Labor Relations Act

Foley & Lardner LLP on 9/2/2016

As we recently noted, the National Labor Relations Board (NLRB) is laser-like focused on scrutinizing employer personnel policies. In yet another example of this ongoing campaign, a recent administrative law judge (ALJ)...more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Littler on 8/30/2016

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

NLRB Tells Employers to Mind their Own Business

Seyfarth Shaw LLP on 7/27/2016

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

Employment Law - May 2016 #2

Manatt, Phelps & Phillips, LLP on 5/19/2016

Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May...more

Employee Manuals – Sticking to the Script: New Guidance from the NLRB

Kelley Drye & Warren LLP on 4/14/2016

On April 7, 2016, a National Labor Relations Board (“NLRB”) Administrative Law Judge (“ALJ”) ruled that five Dan Gilbert companies, including Quicken Loans Inc., Fathead LLC, In-House Realty LLC, One Reverse Mortgage LLC,...more

Tinley Park Hotel and Convention Center: The NLRB Gets Out Its Selfie Stick

BakerHostetler on 7/7/2015

Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly broad” under Section 7...more

NLRB Declares “Conflict-of-Interest” Policy to be Unlawful on Its Face

Benesch on 6/24/2015

In a controversial decision, the NLRB found that a conflict-of-interest policy in an employee handbook is unlawful on its face. This ruling could deem many current conflict-of-interest policies unenforceable, creating harsh...more

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

Epstein Becker & Green on 1/18/2013

Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more

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