News & Analysis as of

Employment Policies Employee Rights Unions

Davis Wright Tremaine LLP

California's New Employment Laws: Get Ready for 2025

Approved legislation covers topics from paid leave to freelance work, driver's license discrimination to intersectionality discrimination, a "captive audience" ban to social compliance audits, with other laws specifically...more

Goulston & Storrs PC

Political Speech in the Workplace: Legal Considerations for Employers

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As the 2024 U.S. presidential election approaches, many employers are bracing themselves for a wave of political discussions—and tension—in the workplace and elsewhere. Navigating these inevitable interactions and the...more

Fisher Phillips

Illinois Joins Trend to Ban “Captive Audience” Meetings: 5 Steps Employers Can Take to Comply

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Illinois just became the latest state to ban employers from holding mandatory meetings with employees concerning religious or political matters, including discussions on union representation. Such employer-sponsored meetings,...more

Kohrman Jackson & Krantz LLP

A Lesson in Employee Rights: NLRB Ruling Against Home Depot’s Dress Code Enforcement

The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc....more

Perkins Coie

Labor Law Today—2023 Year in Review

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In 2023, the National Labor Relations Board (the NLRB or Board) continued to expand employee rights and protections in the workplace. The new regulations included limiting employers’ contract rights in relation to severance...more

Morgan, Brown & Joy, LLP

National Labor Relations Board Rules Employer Violated the Law in Prohibiting Employee from Displaying Black Lives Matter Symbol...

On February 21, 2024, in a decision that provoked strong dissent, the National Labor Relations Board (the “Board”) ruled in Home Depot USA, Inc. and Antonio Morales Jr. that Home Depot violated the National Labor Relations...more

Burr & Forman

The Burr Morning Show: NLRB Updates

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In this episode of The Burr Morning Show, Marcel Debruge and Tom Scroggins discuss the impacts of the latest NLRB updates you need to be aware of in 2024. ...more

Proskauer - Law and the Workplace

“Workers’ Bill of Rights” Notice and Posting Requirement on the Horizon for New York City Employers

Beginning in July 2024, New York City employers will be required to distribute information regarding a “workers’ bill of rights” that will be created via collaboration across a number of City agencies....more

Downs Rachlin Martin PLLC

New Employee Work Rules, Election Requirements Could Mean Big Changes for Employers

Two recent decisions by the National Labor Relations Board (NLRB) could spell big changes for employers in two different, but overlapping, areas: Employee Handbooks and Union elections. These decisions were the topic of...more

Bradley Arant Boult Cummings LLP

No (Union) Shirt? No Problem: Fifth Circuit Strips Down NLRB’s Employee Uniform Rules

Can you enforce your uniform policy, even if that means an employee can’t wear a union t-shirt? Earlier this month, in Tesla, Inc. v. NLRB, the Fifth Circuit looked at that very question and ruled for Tesla....more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

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The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Spilman Thomas & Battle, PLLC

Three Important Changes to Labor Law and How Employers Should Respond

With no chance of passing the Protecting the Right to Organize Act, we predicted that the Biden administration would seek to achieve pro-labor reforms through the National Labor Relations Board’s (the “Board”) rulemaking and...more

Sheppard Mullin Richter & Hampton LLP

NLRB Expands Scope of What Is Considered Protected Concerted Activity in Workplaces

On August 31, 2023, the National Labor Relations Board (“NLRB” or “Board”) adopted a broader test for what is considered “protected concerted activity” under the National Labor Relations Act (“NLRA” or the “Act”). Section 7...more

Lathrop GPM

Handbooks and Policies - Time to Revise Them After NLRB Ruling, or Another Pendulum Swing?

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The answer after the Stericycle ruling is likely “both.”  As the composition of the NLRB (National Labor Relations Board) changes, the roller coaster continues, making it difficult for businesses – whether private,...more

Seyfarth Shaw LLP

Board Wipes Out Decades of Precedent with Card Check Requirements, Punts on Issuing “Captive Audience” Ban or New Rules About...

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On August 25, 2023, the National Labor Relations Board (NLRB or Board) issued its much-anticipated Cemex decision, which has broad implications for union organizing. It handed unions a win with a partial return to the Joy...more

Venable LLP

NLRB Sets New Standard for Evaluating Workplace Rules

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On August 2, 2023, the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023), which creates a new standard for evaluating whether a company's workplace rules violate the National...more

Quarles & Brady LLP

National Labor Relations Board Will Scrutinize Employee Handbook Policies Under New Standard

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The National Labor Relations Board (Board) on August 2, 2023 announced a new and intrusive standard for evaluating whether many commonplace work rules and employee employment handbook provisions actually violate the National...more

Laner Muchin, Ltd.

Employer Work Rules Need Review Due To NLRB Strict New Standard

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On August 2, 2023, the National Labor Relations Board (NLRB) issued its decision in Stericycle, Inc., in which it articulated its new standard for evaluating whether employer work rules are impermissible under the National...more

Stokes Wagner

Is Your Employee Handbook Legal Under The NLRA? Yet another new opinion from the Board says maybe not

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On August 2, the National Labor Relations Board issued its decision in Stericycle, Inc., 372 NLRB No. 113 (Aug. 2, 2023), announcing yet another test for determining whether employer policies that are facially neutral might...more

Nutter McClennen & Fish LLP

Reversing an Earlier Decision, the NLRB Insinuates Itself Further Into the Non-Union Workplace

In Stericyle, Inc., issued on August 2, 2023, the National Labor Relations Board (NLRB) discarded an earlier decision and established a new test for determining whether an employer’s work rule constitutes an unfair labor...more

McDermott Will & Emery

NLRB Undercuts Work Rules and Policies for Unionized and Nonunionized Employers

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The National Labor Relations Board (NLRB) recently issued a decision that undercuts union and nonunion employers’ ability to enforce longstanding work rules and policies. In general, this decision will lead to increased...more

Adams and Reese LLP

NLRB Curbs Employer Right to Promulgate Work Rules and Policies

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On August 2, 2023, the National Labor Relations Board (NLRB) issued a highly-anticipated decision that sharply limits an employer’s ability to issue workplace rules and policies governing employee conduct in Stericycle, Inc....more

Miles & Stockbridge P.C.

NLRB’s New Work Rules Standard Skews in Favor of Employees and Unions

On Aug. 2, the National Labor Relations Board (NLRB) set a new standard to evaluate facially neutral work rules in union and nonunionized workplaces when it issued a much-anticipated decision in Stericycle, Inc., 372 NLRB No....more

Stinson LLP

NLRB Increases Scrutiny of Workplace Rules

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BACKGROUND - In its recent Stericycle decision, the National Labor Relations Board (NLRB) modified its framework for evaluating whether employer work rules that do not expressly restrict employee Section 7 activity are...more

Smith Gambrell Russell

NLRB Revises Standard for Evaluating Employer Policies

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On August 2, 2023, the National Labor Relations Board (“NLRB”) issued its decision in the much-watched Stericycle Inc. and Teamsters 628 case, returning to a case-by-case standard for evaluating challenges to...more

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