NLRB ALJ Issues Additional Social Media Guidance in Dish Network Corporation
The National Labor Relations Board (the NLRB or Board) and its administrative law judges continue to scrutinize employers’ social media policies, with additional guidance being released almost weekly....
View ArticleA Bell Is Un-Rung: It’s “Never” too Late to Update the Handbook
Regularly updating your employee handbook is not just a good practice, but it is of particular importance given the recent scrutiny of handbook language by the Acting General Counsel (AGC) of the...
View ArticleNLRB Expands NLRA Protections: Rejects Solicitation of Grievance Defense
On July 2, 2013, the National Labor Relations Board (NLRB) decided a case, Albertson’s LLC, 359 NLRB No. 147, implicating two elements of the National Labor Relations Act. The Board held that the...
View ArticleWhat Is a “Workers Center”? Just Another Name for a Union?
On Monday, July 29, workers staged a series of one-day strikes in seven cities across the country at some of the nation’s best known and most profitable fast-food restaurants. The protesters are...
View ArticleFederal District Court First to Rule “Acting” General Counsel Lafe Solomon’s...
In a decision that is likely to generate numerous questions and perhaps some confusion, a federal district court judge in the U.S. District Court for the Western District of Washington issued an order...
View ArticleNLRB Launches Mobile App in Latest Effort to Educate Employees About NLRA
On August 30, 2013, the National Labor Relations Board (NLRB) announced the release of a free NLRB mobile app for iPhone and Android users. The app is the latest phase of the NLRB’s...
View ArticleZombies, Ghouls, and Unpaid Wage Claims: The Top 5 HR Horrors This Season
As the group that shepherds employees from the application stage through the end of the employment relationship, human resources (HR) departments administer programs and policies that could greatly...
View ArticleA Review of Labor and Employment Policy in 2013: What’s Next in 2014?
As 2013 comes to a close, it’s time to assess what happened and what didn’t happen in Washington, D.C. during the year in terms of labor and employment law legislation, regulations, and litigation. The...
View ArticleProhibiting “Message” Clothing Without Business Reason Violates the NLRA
The National Labor Relations Board (NLRB) recently deemed a car dealership’s prohibition on “pins, insignias, or other message clothing which are not provided to them by the company” overly restrictive...
View ArticleOne-Day Walkouts: Protected Activity or Unprotected Absenteeism?
Over the last two years various community activist groups—many backed by labor organizations—have implemented aggressive, public strategies designed to disrupt the workplace and put pressure on...
View ArticleSocial Media & Protected Activity: Not Always a Third Rail for Employers
The efforts of the National Labor Relations Board (NLRB) to expand the definition of employee activity protected by section 7 of the National Labor Relations Act (NLRA) and its aggressive prosecution...
View ArticleNLRB Regional Director Rules College Football Players Can Unionize
On March 26, 2014, a regional director for the National Labor Relations Board (NLRB) issued a decision and direction of election in a union representation petition filed by the College Athletes Players...
View ArticleShame On Who? Responding to Union Corporate Campaigns, Protests, and Bannering
The recent retail and fast food industry protests regarding demands for a “living wage” remind us that corporate campaigns by unions are a form of corporate warfare. They seek to inflict upon employers...
View ArticleIllinois Supreme Court Strikes Down Eavesdropping Statute as Overly Broad
The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a...
View ArticleNLRB to Decide Whether Northwestern’s Scholarship Football Players Are...
Late this afternoon, the National Labor Relations Board (NLRB) in Washington, D.C. granted the request for review (i.e., an appeal) filed by Northwestern University in the much-watched case involving...
View ArticleHow to Be Prepared if a Non-Employee Union Agent Shows Up with OSHA at an...
As we discussed in a previous post, the Occupational Safety and Health Administration (OSHA) issued an interpretation letter last year stating that non-employee union organizers or community activists...
View ArticleWill the Star Quarterback Be Sacked by the Taxman?
On March 26, 2014, a regional director of the National Labor Relations Board (NLRB) decided scholarship football players at Northwestern University are employees because they “perform services for the...
View ArticleRecent Board Decisions Reflect Different Styles of Dissenting
The National Labor Relations Board (NLRB) recently issued two significant decisions on the same day (May 9) that highlight contrasting methods of issuing dissents. Both decisions drew dissents from one...
View ArticleEmployers Involved in Union Campaigns Must Remain Vigilant to Avoid Rerun...
Employer conduct during a union organizing drive is intensely scrutinized by the National Labor Relations Board (NLRB). Decisions issued by the current NLRB make clear that even minor violations...
View ArticleNLRB Rules That Employee who Launched “F-Bombs” at Company Owner Did Not Lose...
If an employee curses at and blatantly disrespects the owner of the company for whom he works, most people would reasonably conclude that the employee can be discharged. However, a recent decision...
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