Labor Law - General

Overturning a controversial 2014 ruling by the Obama-era National Labor Relations Board (NLRB), the NLRB has restored an employer’s right to control employee nonwork use of its information technology and email systems — with important exceptions — without violating the National Labor Relations Act (

In Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), the National Labor Relations Board continued its recent trend of reversing decisions issued during the prior administration, and returned to employers the right to implement and enforce confidentiality rules during investigatio

Overruling Purple Communications, the National Labor Relations Board (NLRB) has held that employees do not have a right under the National Labor Relations Act (NLRA) to use employer equipment, including email and other IT systems, for Section 7 purposes. Caesars Entertainment d/b/a/ Rio All-Suites H

The National Labor Relations Board (NLRB) has clarified its test for determining whether an employee’s protected activity under the National Labor Relations Act (NLRA) was a motivating factor in employee discipline. Tschiggfrie Properties, 368 NLRB No. 120 (Nov. 22, 2019).

Unpaid interns are not “employees” as defined by the National Labor Relations Act (NLRA), and employee advocacy on their behalf is not protected concerted activity under Section 7 of the NLRA, the National Labor Relations Board (NLRB) has ruled. Amnesty International of the USA, Inc., 368 NLRB No. 1

The National Labor Relations Board has issued its “Ethics Recusal Report,” which announces several process changes that may add new wrinkles to practice before the Board.

An employee who paid “fair share” union fees under protest is not entitled to damages to refund any of the money he paid the union, the U.S. Court of Appeals for the Seventh Circuit has held. Janus v. Am. Fed’n of State, No. 19-1553 (Nov. 4, 2019). The Court explained fair share fees were “an exchan

In February 2017, the National Labor Relations Board (NLRB) amended Part 102 of its rules and regulations to include a provision governing electronic filing of documents before the board. Section 102.5(c) specifically provides that unless otherwise permitted under the rules and regulations, all docu

he National Labor Relations Board (NLRB) has clarified its standard for evaluating the legality of employers’ facially neutral policies, rules, or handbook provisions.

An employee’s complaints about his pay to coworkers was protected concerted activity under the National Labor Relations Act (NLRA), even though the employee was unsuccessful in enlisting any other employees to support his complaints, the Advice Division of the National Labor Relations Board’s (NLRB)

An arbitration agreement requiring that all “claims or controversies in any way relating to or associated with … employment or the termination of … employment … will be resolved exclusively by binding arbitration,” including “all statutory… claims” violated the National Labor Relations Act (NLRA), t

An employer’s confidentiality and non-disclosure rule and media contact rule do not violate the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) has held. LA Specialty Produce Company, 368 NLRB No. 93 (2019). The Board also substantially clarified its decision in Boeing

Articles in this issue D.C. Download Artificial Intelligence in the Workplace Hairstyle Antidiscrimination Laws Overtime Final Rule

Construction unions, traditionally male-dominated, are leveraging the growing presence of women in their ranks to apply pressure on owners and contractors to obtain work. This new tactic is another method in unions’ “corporate campaigns” where construction unions create adverse publicity and apply p

The National Labor Relations Board (NLRB) has issued a Notice of Proposed Rulemaking (NPRM) that includes changes to its representation case procedures that potentially may affect both construction employers and building trades unions.

The National Labor Relations Board (NLRB) has ruled that a property owner lawfully may exclude off-duty contractor employees from engaging in leafletting and other Section 7 activity on its property, unless: (1) the contractor employees work “regularly” and “exclusively” on the property; and (2) the

In this issue NLRB Eases Path to Removing Union Via “Anticipatory Withdrawal” Brian in Brief NLRB Proposes Changes to Representation Case Procedures “Scabby the Rat” Update Other NLRB Developments

On September 6, 2019, the National Labor Relations Board (NLRB or Board) issued its decision in Kroger Limited Partnership I Mid-Atlantic, 368 NLRB No. 64, and officially rejected the idea that employers that allow civic and charitable organizations to fundraise on their property must also allow non

Executive Summary: In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term or condition of employment without violating the National Labor Relations Act (NLRA or the Act). In doing

The National Labor Relations Board (NLRB) found an employer did not violate the National Labor Relations Act (NLRA) by misclassifying its employees as independent contractors. Velox Express, Inc., 368 NLRB No. 61 (Aug. 29, 2019). Velox engaged drivers classified as independent contractors to transpo