The National Labor Relations Board’s General Counsel recently stated her intention to target employers’ use of electronic monitoring technology and other surveillance equipment as a violation of the National Labor
Continue Reading NLRB to Presume that Electronic Monitoring is Unlawful?Are Employer Uniform and Dress Code Policies Dead?
The National Labor Relations Board ruled on August 29, 2022 that workplace policies restricting or limiting employees’ wearing of union apparel are unlawful unless the employer can demonstrate the existence
Continue Reading Are Employer Uniform and Dress Code Policies Dead?NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at Workplace
A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the
Continue Reading NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at WorkplaceCivil Penalties May Be Coming To The National Labor Relations Act
If enacted into law, the so-called Build Back Better reconciliation package (“BBB”) will drastically expand the remedial power of the National Labor Relations Board (“NLRB”) effective January 1, 2022. The
Continue Reading Civil Penalties May Be Coming To The National Labor Relations Act
The Coronavirus and Unionized Employees: Issues Options and Strategies
Private sector employers with unionized employees and even non-union employees must be especially careful when addressing certain workforce concerns connected with the coronavirus outbreak. Below, we will address common issues
Continue Reading The Coronavirus and Unionized Employees: Issues Options and Strategies
NLRB Corrects Defect in Withdrawal of Union Recognition Doctrine
Employers have been privileged to withdraw recognition of a union when presented with objective evidence that the union has lost majority support of employees, but have faced significant legal risks
Continue Reading NLRB Corrects Defect in Withdrawal of Union Recognition Doctrine
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
Continue Reading Uber Drivers are Contractors, Not Employees, According to NLRB’s Chief Lawyer
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
Continue Reading Breathe, Stretch, … Strike?
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
Continue Reading NLRB General Counsel Memo Provides Guidance On The Status Of Employer Rules
“Whore Board” Is Protected Employee Speech, NLRB Finds.
In a recent decision, a Board panel majority found that an employee was unlawfully fired for writing “whore board” on an overtime sign-up sheet at work. This decision highlights
Continue Reading “Whore Board” Is Protected Employee Speech, NLRB Finds.