Insights

In Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (Dec. 16, 2019), the Board continued its reversal of Obama-era precedent by holding that work rules requiring employees to maintain confidentiality during...

Related article: New NLRB General Counsel’s Revolutionary Reversal of Direction On December 14, 2017, in a 3-2 decision in Boeing Company, 365 NLRB No. 154, the National Labor Relations Board (NLRB) overruled its decision...

The newly-appointed General Counsel (GC) of the National Labor Relations Board (NLRB), Peter B. Robb, issued his first GC Memorandum (GC 18-02) on December 1, 2017, which provides guidance on the priorities of the Trump-era...

The National Labor Relations Board (the “NLRB” or “Board”) is a federal agency created by Congress in 1935 to administer the National Labor Relations Act (the “NLRA”). The Board functions...

In the period after a labor union is newly-certified or first recognized by the employer and before a disciplinary procedure has been negotiated and set forth in a collective bargaining agreement, the employer now will be...

A United States District Court Judge in Lubbock, Texas has issued an Order against the United States Department of Labor (“DOL”) enjoining on a nationwide basis the DOL’s Persuader Advice Exemption Rule (“Persuader...

In another decision which will assist union efforts to organize employees, the National Labor Relations Board has radically liberalized its test for determining joint-employer status. Browning-Ferris Industries of California,...

In one decision and one rule, the National Labor Relations Board issued two major changes that will greatly impact employers. The first, Purple Communications, 361 NLRB No. 126 (2014), reverses the Board’s prior ruling...

The D.C. Circuit Court of Appeals, in National Association of Manufacturers v. NLRB (No. 12-5068), has vacated the National Labor Relations Board’s (“NLRB”) rule requiring covered employers to conspicuously display a...

In a much anticipated decision in 2007, the National Labor Relations Board (the “Board”) ruled that an employer may lawfully prohibit its employees’ use of company e-mail to solicit support for outside businesses and...