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National Labor Relations Board › Employment Policies › Off-Duty Employees

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Miles & Stockbridge P.C.

NLRB’s General Counsel Says Employers Cannot Bar Outside Employment

Miles & Stockbridge P.C. on

The National Labor Relations Board (NLRB) is chipping away at employment agreements and other restrictive covenants one clause at a time. In a recent memorandum, the General Counsel said she believes restricting employees...more

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

Lights, Camera, (Legal) Action - Employer Risk Considerations With Employees on Reality TV Shows

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A star of a popular long-running reality TV was fired from her real estate job according to recent news reports over allegations that she used a racial slur during filming of the show. While an investigation into the incident...more

Sheppard Mullin Richter & Hampton LLP

NLRB Provides Off-Duty Contractor Employees With Property Access to Engage in Section 7 Activity

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On December 16, 2022, the National Labor Relations Board (“NLRB” or “Board”) abandoned the employer-friendly access standard for off-duty employees of an onsite contractor that was adopted under the Trump Administration in...more

Bowditch & Dewey

Client Alert: NLRB Modifies Rule Governing Off-Duty Workplace Access for Employees of Contractors

Bowditch & Dewey on

On December 16, 2022, the National Labor Relations Board (“NLRB”) released an opinion (Bexar County II, 372 NLRB No. 28) limiting the ability of property owners to lawfully remove employees of their on-site contractors who...more

Proskauer - Law and the Workplace

Election Season and the Workplace, Part 1: Employee “Free Speech” and Political Activities

Proskauer - Law and the Workplace on

With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around...more

Epstein Becker & Green

#WorkforceWednesday: Employees’ Off-Duty Conduct, Violence at Work Rises, the Election and the Gig Economy - Employment Law This...

Epstein Becker & Green on

It’s #WorkforceWednesday! This week, we examine two increasingly common issues that employers face in today’s polarized climate: responding to employees’ off-duty conduct and workplace violence. Responding to Off-Duty and...more

Seyfarth Shaw LLP

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Seyfarth Shaw LLP on

Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

McDermott Will & Emery

[Webinar] Return to Work Virtual Toolkit for Employers | Off-Duty Conduct: COVID-19 Parties and Social Media Ranting—What’s an...

McDermott Will & Emery on

The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...more

Polsinelli

NLRB Finds Hospital’s Solicitation And Distribution Policy Unlawful

Polsinelli on

Recently, a 3-member panel of the National Labor Relations Board (“NLRB” or “Board”) ruled that the University of Pittsburgh Medical Center (“UPMC”) unlawfully prohibited off-duty employees from distributing literature in...more

Roetzel & Andress

The Humpty Dumpty Defense Does Not Work For Hospital In Union Organizing Campaign: The Importance Of Carefully Drafting A...

Roetzel & Andress on

“When I use a word,” Humpty Dumpty said, in a rather scornful tone, “It means just what I choose it to mean – neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different...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

Dorsey & Whitney LLP

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

Dorsey & Whitney LLP on

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

FordHarrison

Off-Duty Employees Had Right to "Hang Out" on Employer's Property to Publicize Dispute

FordHarrison on

An administrative law judge recently ruled that a Pacific Northwest fast food chain violated the National Labor Relations Act (NLRA) by maintaining a policy that prohibited off-duty employees from loitering or “hanging out”...more

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