While it may come as a surprise, the NLRB has long held that employees are sometimes entitled to use profane language while engaging in labor activities. In recent years, the
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NLRB Rejects Clause Mandating Arbitration of All Disputes
The National Labor Relations Board recently invalidated an arbitration agreement that would require employees to arbitrate all “all claims or controversies” with their employer, holding that such a provision would
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Scabby the Rat memo signals possible change to NLRB precedent on secondary activity
Federal labor law protects neutral (secondary) employers from becoming entangled in labor disputes between another (primary) employer and unions. For most of the past decade, however, the NLRB has allowed
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Uber Drivers are Contractors, Not Employees, According to NLRB’s Chief Lawyer
Since the emergence of the “gig economy” in the last decade, courts and government agencies have grappled with the question of whether gig workers should be classified as employees or
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New Jersey Employers: The Minimum Wage Will Eventually Rise to $15 per hour by 2024
On Monday, February 4, Governor Phil Murphy made good on a campaign promise and signed into law a new bill (A-15) that will raise the State’s minimum wage to $15
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NLRB: Individual Complaints Are Not Protected By Labor Law
Employee complaints must be “concerted” to enjoy the protections of federal labor law. This requirement, contained in the language of the NLRA, stems from the collective nature of rights guaranteed
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No End In Sight: The NLRB’s Joint Employer Standard
There is another yet another development in saga of the NLRB’s joint employer standard. This issue, which has caused consternation in the business community, concerns the Board’s standards for finding
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Union Election Petition Filed By Employer Not Barred By CBA
In Silvan Industries, 367 NLRB No. 28 (2018), the Board decided that an employer, upon being presented with evidence that creates well-founded uncertainty as to a union’s majority support,
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Breathe, Stretch, … Strike?
Can employees engage in a concerted stretching exercise during work hours? The NLRB recently said yes.
The NLRA allows employees to engage in demonstrations to support their union, including
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NLRB General Counsel Memo Provides Guidance On The Status Of Employer Rules
In December 2017, the NLRB issued a decision in Boeing Corp., which altered the Board’s test concerning the validity of workplace rules. To further clarify the decision and current
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