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Category Archives: NLRB

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Legal Considerations for Employers during Election Years—Part III

Posted in Compliance, Discrimination, NLRB, Policies & Practices, Retaliation/Whistleblower, Social Networking

With the Presidential election heating up, employers may see an increasing interest in politics among their employees.  As we have covered recently in the Work Knowledge Blog, private employers are not bound by the First Amendment’s right to free speech.  But employees do have certain limited… Continue Reading

Legal Considerations for Employers during Election Years—Part II

Posted in Compliance, NLRB, Policies & Practices

With the Republican National Convention wrapping up this week, political conversation is assuredly becoming a more common occurrence in workplaces around the country.  Importantly for employers, political action and speech in the workplace threatens disruption and damage to relationships among coworkers, as the political divisions in this country are exceedingly… Continue Reading

Proposed Changes to Board Law on Employer’s Unilateral Withdrawal of Recognition

Posted in NLRB, Uncategorized

Recently, the NLRB General Counsel issued a memorandum to Regional Directors, Officers-in-Charge, and Resident Officers recommending an alternative theory to plead and argue when challenging an employer’s withdrawal of recognition.

Under current precedent, an employer may unilaterally withdraw recognition of an incumbent union if it has objective evidence that the union… Continue Reading

Union and Non-Union Employers Must Review Their Employee Handbooks in Light of Recent NLRB Developments

Posted in NLRB, Policies & Practices

The National Labor Relations Board recently challenged many common employee handbook provisions on the grounds that they violate employees’ protected rights under Section 7 of the National Labor Relations Act.  The challenged handbook provisions include restrictions on social media; restrictions on discussions of wage, benefits and related information; at-will provisions;… Continue Reading

5th Circuit Rejects NLRB’s Position on Class/Collective Action Waivers

Posted in Arbitration, NLRB, Policies & Practices, Wage & Hour

On December 3, 2013, in a landmark decision, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) in D.R. Horton, Inc. v. National Labor Relations Board, rejected the argument that the National Labor Relations Act (“NLRA”) banned class and collective action waivers in employment arbitration agreements.  This… Continue Reading