On June 19, 2008, the United States Supreme Court ruled that a California “labor neutrality” statute was preempted by federal labor law, overturning a 2006 decision by the U.S. Court of Appeals for the Ninth Circuit....
Category: Labor Relations
Mar 10, 2008
Labor Relations
California Appeals Court Finds Wrongful Discharge Claim Preempted by the NLRA
In Luke v. Collotype Labels USA, Inc., 159 Cal. App. 4th 1463 (2008), the California Court of Appeal found that a terminated employee’s claim for wrongful termination in violation of public policy was properly dismissed...
Jan 06, 2008
Labor Relations
NLRB Rules That Employers May Restrict Employees’ Union Solicitation on Company E-Mail
In a long-awaited decision, the National Labor Relations Board (the “NLRB”) has ruled that an employer may lawfully prohibit its employees’ use of company e-mail to solicit support for outside businesses and...
Oct 05, 2007
Labor Relations
NLRB Continues Its Clear and Unmistakable Waiver Standard for Duty to Bargain Cases
In a recent decision, the National Labor Relations Board (“NLRB”), rejecting the contrary position of two federal appeals courts, has adhered to its longstanding rule that a unionized employer may implement new work...
Mar 28, 2007
Labor Relations
Court of Appeals Affirms NLRB Ruling That Overbroad Confidentiality Requirement Is An Unfair Labor Practice
A federal appeals court, affirming a decision of the National Labor Relations Board (the “NLRB”), has ruled that a personnel handbook provision which required employees to maintain the confidentiality of all...
Dec 12, 2006
Labor Relations
Second Circuit Remands Case on Preemption of New York Labor Neutrality Law
In general, matters relating to collective bargaining and labor relations are governed exclusively by federal law, the National Labor Relations Act (NLRA). As a result, state laws that venture into the area of labor relations...
Aug 18, 2006
Labor Relations
Employees’ Distribution of Maliciously False Letter Found Unprotected by the NLRA
Section 7 of the National Labor Relations Act (the “NLRA”) guarantees the right of employees to engage in “concerted activities for the purpose of bargaining or other mutual aid or protection.” 29 U.S.C. § 157....
Jul 30, 2006
Labor Relations
What Union-Free Employers Need to Know About the National Labor Relations Act
Most employers are aware that the National Labor Relations Act (“NLRA”) protects the right of employees to form, join, or support labor unions. But unbeknownst to many employers, the NLRA protects not only...
On November 10, 2005, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”), a federal agency which is part of the U.S. Department of Labor’s Employment Standards Administration, has issued...
Jan 18, 2006
Labor Relations
Discharge of Financial Consultant In Retaliation For Concerted Protest Of Compensation Practices Violates NLRA
The U.S. Court of Appeals for the District of Columbia Circuit recently upheld a decision of the National Labor Relations Board (“NLRB”) finding that a union-free investment advisory firm violated the National Labor...