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Employer Rights National Labor Relations Board

Littler

D.C. Circuit Clarifies Employer Communication Rights During Union Campaigns

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On March 1, 2024, the U.S. Court of Appeals for the D.C. Circuit clarified the rules that apply when employers distribute information and observe employees during union campaigns. The court found that a New York-based...more

Littler

Illinois Governor Amends Labor Disputes Act

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On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act (“Act”) to expand protections for striking workers. The new law restricts defensive measures...more

Bodman

NLRB Telegraphs Possible New Standard for Employee Email Use

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On Friday, September 30, 2022, the NLRB reversed its earlier stance that Chelsea Befort was lawfully terminated for violating T-Mobile’s electronic communications policy. Ms. Befort sent mass emails to all 595 Customer...more

Pierce Atwood LLP

New NLRB Case Threatens Employers' Rights to Counter Union Campaigns

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In an unfair labor practice complaint recently filed against online retailer Amazon, the Brooklyn Regional Office of the National Labor Relations Board appears to be taking aim at the right of employers to hold mandatory...more

Perkins Coie

NLRB GC Abruzzo Signals Significant Changes for Employers in Cemex Brief

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The general counsel for the National Labor Relations Board (the Board), Jennifer Abruzzo, on April 11, 2022, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, LLC, 28-CA-230115 et al.,...more

FordHarrison

NLRB's Top Prosecutor Seeks to Muzzle Employers by Banning Employee Meetings

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Executive Summary: In an April 7, 2022 memo from the NLRB, General Counsel Jennifer Abruzzo (“Abruzzo”) announced her intent to challenge employers’ long-standing practice of holding informational meetings regarding union...more

Littler

NLRB General Counsel Aggressively Seeks to Expand Unions’ Right to Demand Recognition; Restrict Employer Speech

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National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled...more

Harris Beach PLLC

NLRB General Counsel Aims to Drastically Change Employers’ Rights Related to "Captive Audience" and Other Mandatory Meetings About...

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For nearly 75 years, employers have held the right to gather employees at work for mandatory meetings to discuss, in a non-coercive manner, the employer’s views concerning unionization. On April 7, 2022, however, National...more

Stevens & Lee

NLRB May Outlaw Captive Audience and Other Mandatory Meetings

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On April 7, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo circulated a memorandum to all Field offices, expressing her intention to ask the Board to deem “captive audience meetings,” where...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

November 2020: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Husch Blackwell LLP

Understanding Employers’ Right To Impose Limits On Political Activities In The Workplace

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As the 2020 general election approaches with many employees working remotely and participating on social media platforms, employers can anticipate that employees will engage in political speech and activity in the workplace....more

Fisher Phillips

NLRB’s Latest Guidance Supports Employer Decisions Amidst Pandemic

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Addressing the issue for the first time since the pandemic, the National Labor Relations Board recently released a series of advice memoranda instructing its Regional offices to dismiss various COVID-19 related charges...more

Epstein Becker & Green

NLRB Restores Employer Rights to Discipline Newly-Unionized Employees Without Bargaining

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On June 23, 2020, the National Labor Relations Board (“NLRB” or “Board”) overruled a 2016 decision that required employers to bargain over the discipline of employees during negotiations for a first contract. ...more

Kramer Levin Naftalis & Frankel LLP

NLRB Allows Employers to Instruct Employees to Keep Internal Investigations Confidential

Following its December 2019 decision holding that confidentiality mandates during the course of workplace investigations are presumptively lawful, the National Labor Relations Board (NLRB) recently held that employers can...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

Seyfarth Shaw LLP

Year 2020 Hindsight Reveals That The Current NLRB Has Overhauled Our National Labor Laws Since 2017

Seyfarth Shaw LLP on

Seyfarth Synopsis: It should be clear to all that the NLRB has taken significant steps to restore the law to a footing that more closely resembles the landscape that existed prior to the Obama Board. ...more

Fisher Phillips

Labor Gets Wishlist Bill Passed In House

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The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more

Seyfarth Shaw LLP

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

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Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

Pullman & Comley - Labor, Employment and...

Silence is Golden in Apogee Retail: The NLRB Affirms Employers’ Right to Require Confidentiality in Workplace Investigations

In what can be considered a triumph for common sense, the National Labor Relations Board [“NLRB” or “Board”] recently issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), upholding an...more

Stinson LLP

NLRB Wraps up Blockbuster Year with a Bang

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The National Labor Relations Board (NLRB) issued a whirlwind series of rulings to cap off 2019. The NLRB typically issues many decisions near the end of a Board member's term, so this flurry comes as no surprise...more

Vedder Price

NLRB Okays Confidentiality Rules During Ongoing Investigations and Restrictions of Personal Use of Work Email

Vedder Price on

In a flurry of year-end activity before losing its lone Democratic member, the National Labor Relations Board (the “Board”) recently issued two decisions that allow employers to maintain greater confidentiality protections...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus on the NLRB and Employee Communication

Recent Changes to NLRB Guidance Regarding Employers’ Policies Involving Employee Communication - Two recent decisions by the National Labor Relations Board (NLRB) have significantly overturned earlier rulings regarding...more

Pierce Atwood LLP

National Labor Relations Board Expands Employers’ Rights to Enforce Workplace Rules

Pierce Atwood LLP on

In a pair of significant year-end rulings, the National Labor Relations Board overturned two Obama-era precedents that had restricted the ability of both unionized and non-unionized employers to limit the use of company email...more

Sheppard Mullin Richter & Hampton LLP

Employers May Now Forbid Employees Using Co. Email for Protected Concerted Activities, Forbid Employees from Discussing On-Going...

The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more

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