National Labor Relations Board (NLRB)

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
Continue Reading NLRB may revisit the limits of profane employee speech protected by federal labor law

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
Continue Reading NLRB Rejects Clause Mandating Arbitration of All Disputes

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
Continue Reading Scabby the Rat memo signals possible change to NLRB precedent on secondary activity

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

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.

On May 29, 2018, the D.C. Circuit asked the NLRB to explain – and justify – why it used a “clear and unmistakable waiver” standard when dealing with a Burns
Continue Reading The D.C. Circuit Asks the NLRB to Explain its Actions in a Burns Successor Context