News & Analysis as of

NLRB General Counsel Employment Policies Protected Concerted Activity

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

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

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Fall 2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...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

Fisher Phillips

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

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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

Miller Canfield

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

Miller Canfield on

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

Venable LLP

Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

Venable LLP on

The COVID-19 pandemic and the attendant shift toward remote work, together with recent technological advances, have drastically expanded the reach of employers' capacity to manage and monitor employees both in and outside of...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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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

Poyner Spruill LLP

Increased NLRA Enforcement

Poyner Spruill LLP on

On March 31, 2021, Peter Sung Ohr, Acting General Counsel of the National Labor Relations Board (NLRB) issued Memorandum GC 21-03 to all regional field offices describing changes to enforcement priorities under Section 7 of...more

BakerHostetler

[Podcast] NLRB Decisions on the Chopping Block: Expected Changes from the Board that May Affect Employers

BakerHostetler on

Jeremy Hart an attorney in BakerHostetler’s Labor and Employment Group, discuss the top five NLRB decisions on the chopping block that are expected with the Biden Administration and potential consequences of the National...more

Proskauer - Labor Relations Update

NLRB: An Inference of Union Animus Must Be Grounded in Sufficient Supporting Evidence under Wright Line

When an employee is disciplined and then claims the employer acted on account of union animus in violation of Section 8(a)(3) of the Act, evidence to support such a claim either can be proffered through direct evidence, such...more

Proskauer - Labor Relations Update

NLRB Upends Context-Specific Tests for Profane Conduct, Folding Such Discipline Into Traditional Motivation Tests For Evaluating...

In another long-anticipated decision, on July 21, 2020, in General Motors LLC, 369 NLRB No. 127 (2020), the Board replaced three context-specific rules for determining whether certain abusive conduct committed by employees is...more

Jackson Lewis P.C.

Labor Board General Counsel’s Review Of Employer Work Rules A Mixed Bag

Jackson Lewis P.C. on

The National Labor Relations Board’s (NLRB) General Counsel (GC) has issued an Advice Memorandum on whether unfair labor practice charges alleging four employer rules violated the National Labor Relations Act (NLRA) have...more

Snell & Wilmer

Employment Handbooks and Confidentiality

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Employers frequently ask if they can maintain rules requiring employees to keep the contents of their employment handbooks confidential. In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - May - July 2018

NLRB’s joint employer standard is still up in the air. The “joint employer” standard of the National Labor Relations Board is still in play. On May 9, in a rarely-seen development, the NLRB Office of Information and...more

Vedder Price

NLRB Handbook Rules Change Like the Wind Post-Boeing

Vedder Price on

On June 6, 2018, the Office of the General Counsel of the National Labor Relations Board (“the NLRB” or “the Board”) published its most recent memo concerning employer handbook policies. The memo’s guidance reflects a stark...more

Ruder Ware

Yes, Employees Can Be Required to Behave Civilly and Reasonably

Ruder Ware on

The National Labor Relations Board (NLRB) is continuing to expand on its newfound flexibility toward employee handbook rules. The NLRB’s General Counsel, Peter Robb, recently issued a memo defining in greater detail which...more

Fisher Phillips

NLRB Counsel Returns Common Sense To Workplace Rules

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The National Labor Relations Board General Counsel, Peter Robb, recently outlined the agency’s plan of action for evaluating workplace rules in his latest memorandum to regional offices—and the message is welcome news for...more

Saul Ewing LLP

NLRB General Counsel Provides Guidance on New Employee Handbook Standard

Saul Ewing LLP on

On June 6, 2018, National Labor Relations Board General Counsel Peter Robb released a guidance on how to apply the new employee handbook standard established by the Board in its December 2017 Boeing decision. ...more

Littler

NLRB General Counsel Issues Guidance Regarding Handbook Rules

Littler on

On June 6, 2018, NLRB General Counsel Peter Robb issued a lengthy 20-page Memorandum (GC 18-04) providing detailed guidance regarding enforcement of “Handbook Rules Post-Boeing.”...more

Ballard Spahr LLP

NLRB Guides Employers on Handbook Rules Post-Boeing

Ballard Spahr LLP on

The National Labor Relations Board (NLRB) General Counsel's office has issued guidance in the aftermath of the NLRB's groundbreaking decision in The Boeing Company, 365 NLRB 154 (Dec. 14, 2017). ...more

McNees Wallace & Nurick LLC

Social Media in the Workplace: More Changes Ahead?

In days past employees discussed and debated workplace issues around the water cooler. That sentimental past-time has long since been replaced by online social media networking and the reach of social media is stunning....more

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