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
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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 WorkplaceNLRB Complaint Suggests Employers Cannot Prohibit BLM Messaging in the Workplace

On December 3, Region 20 of the National Labor Relations Board issued a sweeping, consolidated complaint alleging that Whole Foods Market, Inc. violated federal labor law by maintaining and enforcing…
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Second Times the Charm? The NLRB Permitted Another Chance to Analyze Restaurant’s Work Rules
On January 29, 2018, the DC Circuit remanded a 2016 NLRB decision – Grill Concepts Servs., Inc., 364 NLRB No. 36 (2016) – back to the Board for reconsideration…
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Employers Rejoice: The Board Will Soon Have a Republican Majority Again
On January 12, 2018, President Trump nominated Morgan Lewis & Bockius partner John Ring to fill the last vacancy on the five-member Board and, if confirmed by the Senate, this…
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Trump NLRB Gives Employers a Little More Leeway in Maintaining Work Rules
The National Labor Relations Board has ruled that an employer does not necessarily violate the National Labor Relations Act by maintaining a facially neutral work rule, policy or handbook provision…
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New NRLB General Counsel to Regional Offices: Call Me
A recent Memorandum from Peter B. Robb, the NLRB’s newly installed General Counsel, reminded me of a stanza from Lewis Carroll’s The Walrus and The Carpenter. To paraphrase: “The…
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Management Bar: an NLRB Administrative Law Judge Has Recently Found Certain Workplace Rules Lawful…Surprised?
The Obama Board did not pull any punches when it came to analyzing the lawfulness of workplace rules. Still, as previously blogged about here, a more balanced approach to…
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Workplace Civility Rules Aren’t Dead — Just on a Lifeline
The National Labor Relations Board (“NLRB” or “Board”) has taken a jaundiced view of employer policies that require respect and civility in the workplace over the past several years. The…
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