News & Analysis as of November 15, 2024

Working Conditions

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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 -

Minimizing National Labor Relations Act Liability for Employers with Non-Unionized Workforces

Foley & Lardner LLP on 2/20/2024

Employers with a non-unionized workforce often mistakenly believe that they are not covered by the National Labor Relations Act (NLRA or the “Act”). The NLRA is most commonly known as the law that guarantees employees the...more

Non-Union Employers Face Triple Threat: Unfair Labor Practice Charges, Unionization, and Bargaining Orders

Davis Wright Tremaine LLP on 10/20/2023

The National Labor Relations Board has released more statistics that further confirm what labor lawyers suspected: Employers are subject to more unfair labor practice charges, Employees and labor organizations are...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

Why, How and When Katz May “Trump” an Expired CBA When It Comes to Making Unilateral Changes — The Relationship Between MV...

Sheppard Mullin Richter & Hampton LLP on 4/26/2020

From time to time, employers trigger labor disputes when they make unilateral changes in working conditions. Unions objecting to such changes often complain to the NLRB, claiming a change to be mandatory bargaining subjects...more

An Employer’s Bargaining Table Complaints as to Poor Business Conditions Is Not a Claim of Poverty Entitling a Union to Business...

Sheppard Mullin Richter & Hampton LLP on 9/17/2019

While bargaining, unions often demand that employers produce information relevant to the bargaining process so that the union may fulfill its duties as bargaining representative. Under the law and absent some compelling...more

More Good News From The Board: NLRB Scraps The Clear And Unmistakable Waiver Standard For The Contract Coverage Test When Deciding...

Sheppard Mullin Richter & Hampton LLP on 9/12/2019

A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board’s decision in MV Transportation, 368 NLRB No. 66 (2019), and the Board’s decision provides critical cover to employers...more

NLRB Again Rejects Employer Code of Conduct Provisions Requiring Positive Coworker Relations

Parker Poe Adams & Bernstein LLP on 6/1/2016

Last month, the National Labor Relations Board continued its rejection of employer conduct policies intended to promote harmonious and productive working relationships among employees. In T-Mobile USA, Inc., unionized...more

#Concerted Activity in 140 Characters or Less

Dorsey & Whitney LLP on 3/28/2016

Employees have increasingly voiced concerns on social media regarding their employment, often including specific statements about their employers. As previously discussed on this blog, an employee’s Facebook post related to...more

A Negative Review May Be Protected Activity Under U.S. Employment Law

Morrison & Foerster LLP - Social Media on 3/14/2016

Yelp, Inc. is more accustomed to being on the giving—rather than the receiving—end of a negative review. That changed recently when a Yelp customer service employee, Talia Ben-Ora, posted an open letter to Yelp’s CEO on her...more

That is SO last week - October 2015 #4

Zelle LLP on 10/27/2015

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

How the NLRB Spent Its Summer — Could Be a Chilly Autumn

Foley & Lardner LLP on 10/13/2015

For those of us in the employment field attempting to recover from the languor of long summer days, it’s time to catch up and ask what the NLRB has been up to during the dog days. The answer – a lot. And so we take this...more

Is the NLRB Outlawing Confidentiality Policies?

Franczek P.C. on 9/4/2015

The National Labor Relations Board (“Board”) recently issued its decision in The Boeing Company case. The Board found that Boeing’s confidentiality policy regarding internal investigations violated the National Labor...more

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