On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act (NLRA)—that may require employers to narrowly tailor rules to avoid violating the act.
Articles Discussing Protected Concerted Activity Under The NLRA.
Labor Judge Decision Explains Employer Discipline of Employee for Serious Performance Issues
Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers may still discipline employees in the wake of protected activity as long as the discipline occurs for unrelated misconduct.
Shout, Shout, Let it All Out: NLRB Issues Ruling Expanding Protections for Employee Outbursts
Labor Board Returns to Prior Standard, Limiting Employers’ Response to Abusive Workplace Conduct
The National Labor Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labor Relations Act. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023). The decision applies retroactively to all pending “abusive conduct” cases.
Maintaining a Harmonious Workplace…With One Hand Tied Behind Your Back
The NLRB Limits Employers’ Ability to Discipline Employees for Harassing, Abusive, Racially Offensive Conduct Occurring Amidst Protected Activity
NLRB Ruling Makes it More Difficult for Employers to Discipline Employees Over Outbursts
On May 1, 2023, the National Labor Relations Board (NLRB) issued a decision in Lion Elastomers LLC II that changes the standards relating to discipline or discharge of workers who cross the line with offensive or abusive conduct while engaging in activity protected by the National Labor Relations Act (NLRA).
NLRB General Counsel Releases Memorandum Providing Guidance on Non-Disparagement and Confidentiality Clauses in Settlement Agreements
Last week, on March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, released Memorandum
NLRB Decision Addresses Interaction between Confidentiality and Nondisparagement Provisions in Severance Agreements and Section 7 Rights
In McLaren Macomb, the NLRB overturned two decisions that had permitted employers to include confidentiality and nondisparagement provisions in severance agreements. “Mere proffer” of a severance agreement that conditions receipt of benefits on the “forfeiture of statutory rights” violates the NLRA. This Insight includes key takeaways from the
NEW NLRB DECISION PROHIBITS OVERLY BROAD LANGUAGE IN NON-DISPARAGEMENT AND CONFIDENTIALITY PROVISIONS IN SEVERANCE AGREEMENTS
Executive Summary: The National Labor Relations Board (the Board) recently overruled two prior Board decisions and held that overly broad language in non-disparagement and confidentiality clauses included in severance agreements provided to eleven bargaining unit employees violated the employees’ Section 7 rights under the National Labor Relations Act (NLRA).
NLRB Holds Confidentiality, Nondisparagement Provisions Illegal in Severance Agreements Presented to Section 7 Employees
On February 21, 2023, the National Labor Relations Board (NLRB) issued an important decision that may fundamentally change how and when employers use confidentiality and nondisparagement provisions.
NLRB Reverses Course to Limit Property Owners’ Right to Limit Off-Duty Access for Section 7 Activity
In another ruling promoting a pro-labor agenda under the Biden administration, the National Labor Relations Board (NLRB) reverted to its pre-2019 precedent on the balance between the rights of property owners and the rights of employees under Section 7 of the National Labor Relations Act (NLRA).
NLRB Reaffirms “Special Circumstances” Test for Union Insignia Cases
On August 29, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reaffirmed that when an employer interferes in any way with its employees’ right to display union insignia, the employer must prove special circumstances that justify its interference. See Tesla, Inc., 32-CA-197020, 371 NLRB 131 (2022). In reaching this decision, the Board overruled a 2019 decision in which it held that the “special circumstances” standard only applied to employer policies that prohibited—rather than restricted—an employee from displaying union insignia.
NLRB Rules Employers Cannot Restrict Employees’ Right to Display Union Insignia
On August 29, 2022, the National Labor Relations Board (NLRB) issued a decision finding that absent special circumstances, employers may not enforce dress codes or uniform policies that interfere with employees’ right to display union insignia. 371 NLRB No. 131 (Aug. 29, 2022). The NLRB’s decision is a return to
Labor Board General Counsel Announces ‘Vigorous Enforcement’ of Protected Concerted Activity Charges
The National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr (AGC) has announced in a memorandum that his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the National Labor Relations Act (NLRA).
NLRB Approves Workplace Social Media Policy Limiting Employees’ Online Communications
Recently, the National Labor Relations Board (NLRB), in a split decision 2-1, approved a California-based ambulance company’s implementation of a social media policy that prohibited employees from “inappropriate communications” related to the company. The NLRB’s ruling reversed a decision by an administrative law judge, back in October 2019, that concluded