NLRA, Employee Rights, Unfair Labor Practices

NLRB Issues Two Decisions Limiting Management's Ability to Contest Unionization

Parker Poe Adams & Bernstein LLP on 11/15/2024

During union representation campaigns, it is common for employers to advise employees of the downsides posed by union recognition. The current National Labor Relations Board (NLRB) has criticized these tactics, alleging that...more

Is It Really About Employee Voices? The National Labor Relations Board Continues its Union-Friendly Trend

Baker Donelson on 8/7/2024

The National Labor Relations Board (the Board) is the federal agency tasked with administering the National Labor Relations Act (the NLRA). Chief among its responsibilities is governing the union recognition process in the...more

Hawaii's New “Captive Audience” Law: What Employers Need to Know

Littler on 8/2/2024

Under current federal law, employers may legally require workers to attend meetings during working hours that concern the employer’s views on politics, religion and similar matters. Hawaii recently joined several states,...more

Western District of Texas Says NLRB Structure Unconstitutional, Issues Injunction Preventing SpaceX Unfair Labor Practice Hearing...

Epstein Becker & Green on 7/26/2024

In an action brought by Space Exploration Technologies Corporation, commonly known as SpaceX, a U.S. District Court Judge in the Western District of Texas, Waco Division, has declared that the structure of the National Labor...more

NLRB Decision Finds Overly Broad Non-competition and Non-solicitation Clauses Violate NLRA

Saul Ewing LLP on 7/16/2024

On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly...more

Supreme Court Ruling in Starbucks v. McKinney: Implications for Employees and Unions

Franczek P.C. on 6/20/2024

On June 13, 2024, the Supreme Court held that the National Labor Relations Board (the “Board”) is subject to the same standard as any other litigant when it seeks a preliminary injunction in unfair labor practice cases. This...more

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

Fisher Phillips on 4/23/2024

Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more

The NLRB on What Employers Get Wrong

Ward and Smith, P.A. on 12/18/2023

At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Grant Osborne and X. Lightfoot, interviewed Shannon Meares, a regional attorney with the National Labor...more

NLRB Delivers Labor Day Gifts to Unions

Epstein Becker & Green on 9/11/2023

It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

Two New NLRB Decisions Expand Labor Rights for Non-Unionized Workers

Parker Poe Adams & Bernstein LLP on 9/8/2023

The National Labor Relations Board continues its recent streak of overturning board decisions from the Trump administration that limit the rights of employees to organize and complain about working conditions. The latest...more

NLRB Streamlines Union Election Procedures

Parker Poe Adams & Bernstein LLP on 9/1/2023

The National Labor Relations Board has continued its reversal of Trump-era decisions. The NLRB issued a final rule expediting union election procedures, making it more difficult for employers to react and respond to...more

Snapshot on Manufacturing Industry: Your Handbook Might Need Immediate Changes

Fisher Phillips on 8/31/2023

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is...more

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

Nutter McClennen & Fish LLP on 8/21/2023

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

Labor Board Signals Continued Expansion of Employee Rights: Your Questions Answered

Fisher Phillips on 8/21/2023

A recent Advice Memo issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) provides all employers – union and non-union alike – with yet another warning that more of your employment...more

NLRB Revises Standard for Evaluating Employer Policies

Smith Gambrell Russell on 8/15/2023

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

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

Miller Canfield on 8/4/2023

The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more

NLRB Adopts Standard Critical of Employer Workplace Rules, Handbooks

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/4/2023

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act...more

Top Ten Myths About Unions

Akerman LLP - HR Defense on 6/28/2023

Many employers mistakenly assume that their workforce is not likely to be organized by a union. Maybe they assume that only factory workers and public employees are the most typical members of unions. Maybe they assume they...more

NLRB Returns to Setting-Specific Standards for Employee Misconduct Occurring in the Course of Protected Activity

Bond Schoeneck & King PLLC on 6/5/2023

In a recent decision, the National Labor Relations Board (the Board) returned to its earlier precedent “applying setting-specific standards” in cases involving employees who are disciplined for misconduct that occurs during...more

NLRB Issues Ruling Expanding Protections for Employee Outbursts

Maynard Nexsen on 5/18/2023

The National Labor Relations Board recently issued an opinion in Lion Elastomers, LLC II, reinstating prior case law that provides greater protections for employees who engage in disruptive behavior in connection with...more

NLRB Returns to Former Precedent on Protected Union Activity

Troutman Pepper on 5/10/2023

Q. May employees use abusive language when raising grievances about working conditions?...more

Double Secret Probation! NLRB Propounds Expansive List of Potential Remedies It May Impose on Employers for Interfering with...

ArentFox Schiff on 5/1/2023

We’ve all been on notice for some time that the current General Counsel of the National Labor Relations Board (NLRB or Board), as well as a majority of the Board itself, has an aggressively expansive view of employee rights...more

Tales From the NLRB: More Remedies More Often

Williams Mullen on 4/25/2023

On April 20, 2023, the National Labor Relations Board (Board) committed itself to imposing more remedies more often when dealing with parties “who have shown a proclivity to violate the National Labor Relations Act (NLRA) or...more

NLRB: Confidentiality, Non-Disparagement Provisions Violate NLRA

Manatt, Phelps & Phillips, LLP on 3/28/2023

Offering an employee a severance agreement that includes confidentiality and non-disparagement provisions runs afoul of Section 8(a)(1) of the National Labor Relations Act (NLRA), a divided National Labor Relations Bureau...more

The NLRB’s Latest Decision Restricts the Use of Broad Confidentiality and Nondisparagement Clauses in Severance Agreements

Bond Schoeneck & King PLLC on 3/7/2023

On Feb. 21, 2023, the National Labor Relations Board (NLRB or Board) issued its decision in McClaren Macomb, 372 NLRB No. 58 (2023), where it held that severance agreements with broad confidentiality and/or nondisparagement...more

The National Labor Relations Act › Employee Rights › Unfair Labor Practices

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