The class action waiver battle between employers and the National Labor Relations Board (NLRB) has been brewing for years. It’s finally coming to a head, as the U.S. Supreme Court agreed to resolve the dispute earlier this year and a group of employers just filed their opening briefs in the matter. Class action waivers are a tool utilized by companies to blunt costly and time-intensive class or collective claims brought by a large group of individuals. The waivers usually are included in arbitration agreements in a variety of contexts. For example, some organizations have mandatory arbitration agreements for consumers that require customers to resolve disputes via arbitration rather than in court and further mandate that claims be brought on an individual rather than class basis. In the employment setting, some companies require employees to sign compulsory arbitration pacts that similarly require any employment-related claims to be adjudicated in arbitration and preclude class or collective claims. While the Supreme Court previously has upheld class action waivers in the consumer context, the NLRB has held such provisions are unlawful as they pertain to employment claims because, in the agency’s view, the potential formation of class actions contesting alleged unlawful employment practices is “group activity” protected by the National Labor Relations Act (NLRA). The issue has come up in various federal appellate courts. The U.S. Courts of Appeal for the Sixth, Seventh, and Ninth Circuits have agreed with the NLRB’s stance that such clauses are invalid under the NLRA, but the Fifth and Eighth Circuits have rejected the NLRB’s arguments on grounds that the clauses are enforceable under the Federal Arbitration Act (FAA). Given the split in appellate authority, employers utilizing or considering these mechanisms have been operating in an environment of uncertainty. Three employers now have filed their opening briefs with the Supreme Court arguing that the NLRB’s position on class action waivers is wrong in light of the FAA. We should know by the end of the year whether employers may lawfully utilize class action waivers in the employment context. To the extent the Supreme Court authorizes the use of such clauses by companies, more employers should consider them because they can be invaluable for staving off costly class and/or collective actions. Thankfully, the much needed clarity on this front is coming soon.
‘Let’s Get Ready To Rumble!’ Class Action Waiver Battle Kicks Off At Supreme Court
David J. Pryzbylski
PartnerRELATED ARTICLES
Labor Board’s Top Lawyer Declares Most Non-Compete Agreements Violate Labor Law
June 1, 2023 | Labor Relations, National Labor Relations Board, Federal Laws and Legislation
NLRB Lays Out A Boatload of Remedies for Repeat Offenses in Noah’s Ark Processors
April 25, 2023 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Redux: The PRO Act is Back in Congress
March 15, 2023 | Labor Relations, Federal Laws and Legislation, National Labor Relations Board
On the Hunt: NLRB’s Top Lawyer Seeks Out Cases to Upend Precedent
March 6, 2023 | Labor Relations, National Labor Relations Board
Judge: Starbucks Illegally Threatened Workers During Union Campaign
February 7, 2023 | Unions and Union Membership, Union Organizing, National Labor Relations Board, Labor Relations
Labor Board’s Top Lawyer Declares Most Non-Compete Agreements Violate Labor Law
June 1, 2023 | Labor Relations, National Labor Relations Board, Federal Laws and Legislation
NLRB Lays Out A Boatload of Remedies for Repeat Offenses in Noah’s Ark Processors
April 25, 2023 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Redux: The PRO Act is Back in Congress
March 15, 2023 | Labor Relations, Federal Laws and Legislation, National Labor Relations Board
On the Hunt: NLRB’s Top Lawyer Seeks Out Cases to Upend Precedent
March 6, 2023 | Labor Relations, National Labor Relations Board
Judge: Starbucks Illegally Threatened Workers During Union Campaign
February 7, 2023 | Unions and Union Membership, Union Organizing, National Labor Relations Board, Labor Relations
Labor Law Recap: 2022 Was The ‘Year of the Strike’
January 10, 2023 | Labor Relations, Strikes and Picketing
Labor Law Changes To Be Aware Of In The New Year
January 3, 2023 | Labor Relations, National Labor Relations Board
Prices Keep Rising: Labor Board Significantly Expands Remedies Available To Employees
December 14, 2022 | Labor Relations, National Labor Relations Board
Triple Threat: NLRB Facing Staffing Shortages, Increased Workload, and Budgetary Constraints
November 30, 2022 | Labor Relations, National Labor Relations Board
Reversing the Call: NLRB Seeks to Rescind 2020 Rule, Protect Union Status
November 8, 2022 | Labor Relations, National Labor Relations Board
Do Smartwatches, GPS Devices, and Other Employee Tracking Technologies Violate Labor Law?
November 1, 2022 | Labor Relations, National Labor Relations Board
Labor Board Issues Updated Guidance on Injunction Actions
October 31, 2022 | Labor Relations, National Labor Relations Board
NLRB Rules Dues Checkoff Must Continue After Collective Bargaining Agreement Expires
October 7, 2022 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Mailing It In? Labor Board Signals Potential Return To Manual Elections
October 3, 2022 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Not So FAST…Blocking California’s New Fast Food Industry Union Giveaway
September 12, 2022 | Labor Relations, State Labor Laws, Currents - Employment Law
NLRB Proposes Rescinding Trump Board Rule and Expanding Definition of ‘Joint Employer’
September 8, 2022 | Labor Relations, National Labor Relations Board
Order Up! California Governor Signs Fast Food Accountability Law Aimed at Larger Fast Food Operations
September 7, 2022 | Labor Relations, State Labor Laws, Currents - Employment Law
With Tesla Decision, NLRB Rules Dress Codes Unlawful That Restrict Pro-Union Apparel
September 6, 2022 | Labor Relations, National Labor Relations Board
How Much of Current Unionization Boom Is Attributable to Nationwide Starbucks Campaign?
September 1, 2022 | Labor Relations, National Labor Relations Board, Union Organizing
Will Nonunion Employees Have Weingarten Rights in the Workplace Soon?
August 8, 2022 | Labor Relations, Unions and Union Membership
Crosshairs: Labor Board Targets Gig Economy, Non-Compete Agreements, and More
July 26, 2022 | Labor Relations, National Labor Relations Board
Union Business Still Booming: Election Petitions Continue To Soar
July 20, 2022 | Labor Relations, Union Organizing
Classifying Workers as Independent Contractors May Soon Become More Complicated
July 18, 2022 | Labor Relations, National Labor Relations Board
The Price for Refusing to Bargain May Soon be Going Up for Employers
July 7, 2022 | Labor Relations, National Labor Relations Board, Union Organizing
Does An Apple a Day Keep the Union At Bay? Nope.
June 28, 2022 | Labor Relations, National Labor Relations Board, Union Organizing
Shorthanded: Labor Board Faces Challenges In Handling Influx of Cases
May 9, 2022 | Labor Relations, National Labor Relations Board, Union Organizing
Labor Law Remedies: Back Pay, Front Pay, And … Training?
May 2, 2022 | Labor Relations, National Labor Relations Board
What’s Brewing at Starbucks? Labor Law Litigation Over Employee Terminations
April 26, 2022 | Labor Relations, National Labor Relations Board, Union Organizing
Up and Away: Union Organizing Skyrockets 57% in Last Six Months
April 19, 2022 | Labor Relations, National Labor Relations Board, Union Organizing
Saga Continues: Legal Spat Over Labor Board’s Top Lawyer Heads to Fifth Circuit
April 4, 2022 | Labor Relations, National Labor Relations Board
Labor Board Has Yet To Issue Significant Decisions Under Biden – Why?
March 25, 2022 | Labor Relations, National Labor Relations Board
Walking Off the Job Might Be Protected Under the NLRA
March 11, 2022 | Labor Relations
Warning: Your Company’s Personnel Policies May Be About To Expire
March 10, 2022 | Labor Relations, National Labor Relations Board
Caffeine Rush: Union Organizing Wave at Starbucks Continues
March 2, 2022 | Labor Relations, Union Organizing
Employee Social Media Complaints: Employers Beware
February 7, 2022 | Labor Relations, National Labor Relations Board
Can You Have Confidentiality Requirements In Mandatory Arbitration Pacts?
February 1, 2022 | Labor Relations, National Labor Relations Board
Unions by the Numbers: 2022 Edition
January 24, 2022 | Labor Relations, Unions and Union Membership, Union Organizing
NLRB and Department of Labor Join Forces: What Does This Mean for Employers?
January 19, 2022 | Labor Relations, Department of Labor, National Labor Relations Board
New Test for a New Year? Labor Board Reconsiders Independent Contractor Status
January 4, 2022 | Labor Relations, National Labor Relations Board, Union Organizing
Union Organizing Alert: Micro-Units May Be Back at the Labor Board
December 16, 2021 | Labor Relations, Union Organizing, National Labor Relations Board
Abruzzo's Tweets Take Aim at Employer-Friendly Labor Law Precedent
December 8, 2021 | Labor Relations, National Labor Relations Board, Unions and Union Membership
What the 'Vaccine or Test' Mandate Means for the Union Workplace
November 16, 2021 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Fast Times at the NLRB: The Labor Board Targets Spicoli
November 12, 2021 | Labor Relations, National Labor Relations Board, Unions and Union Membership
56 Million Reasons Employers Should Watch the NLRB
November 5, 2021 | Labor Relations, National Labor Relations Board
Freaky Fast: NLRB Continues To Quicken Case Processing
October 28, 2021 | Labor Relations, National Labor Relations Board, Union Organizing
Can You Stop Your Employees From Talking To The Press?
October 5, 2021 | Labor Relations, National Labor Relations Board
Are College Athletes Employees? NLRB Reverses the Call on the Field
September 30, 2021 | Labor Relations, National Labor Relations Board
Draconian: NLRB Signals Even Harsher Penalties for Employers May Be Coming
September 23, 2021 | Labor Relations, National Labor Relations Board
Goodbye, Settlements: NLRB to Insist on Total Capitulation Conditions
September 17, 2021 | Labor Relations, National Labor Relations Board, Union Organizing
Employers Beware: NLRB General Counsel Pushes for Expanded Economic Penalties
September 10, 2021 | Labor Relations, National Labor Relations Board
Labor Day 2021: State of the U.S. Labor Unions
September 2, 2021 | Labor Relations, National Labor Relations Board, Federal Laws and Legislation
Stop It! Labor Board Signals More Injunction Litigation Against Companies
August 26, 2021 | Labor Relations, National Labor Relations Board, Federal Laws and Legislation
Ready, Set, Go! NLRB’s New General Counsel Outlines Ambitious Pro-Union Agenda
August 17, 2021 | Labor Relations, National Labor Relations Board, Union Organizing
Giggity Giggity: Gig Economy Workers Launch Unionization Effort
August 6, 2021 | Labor Relations, Union Organizing, National Labor Relations Board
Prepare for Takeoff: NLRB’s New Pro-Union Majority Will Soon Take Over
July 30, 2021 | Labor Relations, National Labor Relations Board
Un-Exterminated: Scabby the Rat Is Back, Says Labor Board
July 29, 2021 | Labor Relations, National Labor Relations Board, Strikes and Picketing, Unions and Union Membership
Federal Judge Says President Can Fire NLRB General Counsel
July 16, 2021 | Labor Relations, National Labor Relations Board
How Long Does It Take To Negotiate A Union Contract?
July 13, 2021 | Labor Relations, National Labor Relations Board, Union Organizing, Unions and Union Membership
Squeaky COVID Wheel Doesn’t Get the Grease
July 8, 2021 | Labor Relations, National Labor Relations Board
Supreme Court Favors Employer Property Rights Over Union Access To Employees
June 30, 2021 | Labor Relations, Union Organizing, National Labor Relations Board
Coming Soon to a Workforce Near You: The NLRB
June 22, 2021 | Labor Relations, National Labor Relations Board, Union Organizing
Is It Time To Review and Consider Updates to Your Personnel Policies?
June 16, 2021 | Labor Relations, National Labor Relations Board
Goodbye NY: No Union For Uber Drivers…For Now
June 11, 2021 | Labor Relations, National Labor Relations Board, State Labor Laws, Unions and Union Membership
New NLRB Rule Prohibits Solicitation of Voters’ Mail Ballots in Union Elections
June 10, 2021 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Unblocked: Labor Board Declines To Delay Decert Election Based On Pending ULPs
June 4, 2021 | Labor Relations, National Labor Relations Board, Union Organizing
President Biden Nominates Union-Side Attorney Gwynne Wilcox to the NLRB
May 28, 2021 | Labor Relations, Federal Laws and Legislation, National Labor Relations Board
New York State of Mind: Uber Drivers May Get a Shot at Unionizing in Empire State
May 26, 2021 | Labor Relations, Union Organizing
Backpay: So, How Much Do I Owe the NLRB?
May 21, 2021 | Labor Relations, National Labor Relations Board
Can The Labor Board Force You To Reopen Your Business?
May 14, 2021 | Labor Relations, Union Organizing, National Labor Relations Board
Status of Former NLRB General Counsel Still up in the Air
May 6, 2021 | Labor Relations, National Labor Relations Board
Status Quo: Contract Bar Doctrine Remains Intact
April 22, 2021 | Labor Relations, National Labor Relations Board, Labor Agreements
Who’s Down With PCA? All Employees Will Be Under Proposed New Standard
April 5, 2021 | Labor Relations, National Labor Relations Board
While increasing public outreach, NLRB staffs up for greater enforcement efforts
April 1, 2021 | Labor Relations, National Labor Relations Board
Buckle Up, Employers: PRO Act Passes the House
March 11, 2021 | Labor Relations, Federal Laws and Legislation, Union Organizing
Acting NLRB General Counsel Rescinds 10 Trump-Era Guidance Memos
February 16, 2021 | Labor Relations, National Labor Relations Board
Are the Rules Changing for Employer Dress Codes and Union Insignia?
February 15, 2021 | Labor Relations, Unions and Union Membership, National Labor Relations Board
Do You Smell a Rat? Scabby Gets a Lifeline
February 11, 2021 | Labor Relations, National Labor Relations Board, Unions and Union Membership, Strikes and Picketing
What Is The PRO Act And Should Your Company Be Concerned?
February 4, 2021 | Labor Relations, Federal Laws and Legislation, Union Organizing
Slow Mo: Union Election Pace Slowed In 2020
January 11, 2021 | Labor Relations, Unions and Union Membership
What Were the Three Biggest Labor Law Developments In 2020?
December 18, 2020 | Labor Relations, National Labor Relations Board
A Tweet For A Tat: Magazine Founder’s Twitter Post Ruled Unlawful
December 3, 2020 | Labor Relations, National Labor Relations Board
A Biden Board at the NLRB: What to Expect and When
November 17, 2020 | Labor Relations, Federal Laws and Legislation, National Labor Relations Board
Kicking It Into Gear: NLRB Continues Improving Case Processing Statistics
November 13, 2020 | Labor Relations, National Labor Relations Board
Mail It In! NLRB Sets Standards For Mail-In Ballot Union Elections During Pandemic
November 10, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Yet Another 2020 Labor Law Oddity: Employer Lockouts Fall Precipitously
November 2, 2020 | Labor Relations
Scabby The Rat On The Chopping Block
October 28, 2020 | Labor Relations, National Labor Relations Board, Strikes and Picketing
How Has COVID-19 Impacted Union Election Results?
October 23, 2020 | Labor Relations, Unions and Union Membership, National Labor Relations Board
Does Labor Law Protect Employees Engaged In Political or Social Advocacy?
October 14, 2020 | Labor Relations, National Labor Relations Board
Is Staying Neutral During a Union Campaign Unlawful?
October 6, 2020 | Labor Relations, Union Organizing, National Labor Relations Board
Union Decertification Update: NLRB Extends Comments Deadline For Contract Bar
September 18, 2020 | Labor Relations, National Labor Relations Board, Labor Agreements
Labor Day 2020: State of the U.S. Labor Unions
September 4, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
UPDATE: Can You Prohibit Employees From Using Cell Phones At Work?
August 24, 2020 | Labor Relations, National Labor Relations Board
Oh Snap! Employee Lawfully Terminated For Profanity-Laced Facebook Post
August 18, 2020 | Labor Relations, Social Media and Technology, National Labor Relations Board
NLRB Offers Some Pandemic Labor Law Clarity
August 12, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
NLRB OK’s Employer’s Moonlighting Ban
August 5, 2020 | Labor Relations, National Labor Relations Board
NLRB Moves to Protect Employee Privacy (And More) During Union Elections
July 28, 2020 | Labor Relations, National Labor Relations Board
Can You Have Policies Allowing Searches Of Employee Emails And Personal Vehicles?
July 22, 2020 | Labor Relations, National Labor Relations Board
NLRB Signals Potential Rewrite of Contract Bar Doctrine
July 10, 2020 | Labor Relations, National Labor Relations Board
Big Changes to California’s Garment Industry Possible
July 9, 2020 | Labor Relations, State Labor Laws
Labor Board’s Top Lawyer Outlines Potential Procedures For Live Union Elections
July 8, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
NLRB Continues to Turn Back the Clock, Restoring Pre-Obama Disciplinary Rule
June 24, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Do You Have To Bargain With Your Predecessor’s Union After You Bid On And Win A Contract?
June 22, 2020 | Labor Relations, Unions and Union Membership
Unnecessary Roughness: NLRB Calls Foul on Union for Workplace Investigation Interference
June 17, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Shhh! NLRB Says Companies Can Block Union Talk on the Clock
June 9, 2020 | Labor Relations, National Labor Relations Board
Full Steam Ahead, At Least In Part, for Union Election Rule Changes
June 3, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Federal Judge Strikes Down NLRB Election Rule
June 1, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Catch-22? Company’s Scrutiny of Immigration Documents Deemed Unlawful
May 27, 2020 | Labor Relations, National Labor Relations Board, Union Organizing
NLRB Nixes Telephonic Pre-Election Hearing, Orders Remote Video Hearing Instead
May 15, 2020 | Labor Relations, National Labor Relations Board
Labor Law Considerations As You Restart Your Business
May 8, 2020 | Labor Relations, Unions and Union Membership, Federal Laws and Legislation
Union Elections and Employer Considerations During Social Distancing
April 21, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership, Union Organizing
How to Respond to Union Information Requests Regarding COVID-19
April 9, 2020 | Labor Relations, Unions and Union Membership, National Labor Relations Board
Back To Normal? Labor Board To Restart Union Elections
April 2, 2020 | Labor Relations, National Labor Relations Board
Labor Board Finalizes Rule Changes to Enhance Employee Free Choice
April 1, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Can You Conduct Collective Bargaining By Phone or Teleconference In the Age of Coronavirus?
March 26, 2020 | Labor Relations, National Labor Relations Board
NLRB Delays New Election Rule in Response to AFL-CIO Challenge
March 24, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
NLRB Suspends All Union Elections Until April 3 In Light Of Pandemic
March 19, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Do You Have To Bargain With Your Union Over Your Coronavirus Response Measures?
March 19, 2020 | Labor Relations, Unions and Union Membership
Can The AFL-CIO Block The NLRB’s New Election Rule?
March 13, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Trump Re-Nominates Two NLRB Members For New Terms
March 5, 2020 | Labor Relations, National Labor Relations Board
Hello! Company’s Employee Cell Phone Ban Upheld
February 26, 2020 | Labor Relations, National Labor Relations Board
Clarity At Last: Joint Employers Must Exercise Substantial Direct and Immediate Control
February 25, 2020 | Labor Relations, National Labor Relations Board
NLRA’s Jurisdiction Over Charter Schools Remains Undecided
February 24, 2020 | Labor Relations, National Labor Relations Board
Can You Force Employees To Work Weekend Overtime?
February 17, 2020 | Labor Relations, National Labor Relations Board, Labor Agreements, Unions and Union Membership
Just a Reminder: Your Employees May be Recording You
February 13, 2020 | Labor Relations, National Labor Relations Board
NLRB Continues To Validate Employee Confidentiality Provisions
February 7, 2020 | Labor Relations, National Labor Relations Board
D.C. Circuit Rebukes NLRB’s Power Grab Over Religious Universities
February 5, 2020 | Labor Relations, National Labor Relations Board
UPDATE: Can You Require Employees To Keep Harassment And Other Workplace Investigations “Confidential”?
January 27, 2020 | Labor Relations, National Labor Relations Board
Show Me The Money! CNN To Pay $76 Million To Resolve Labor Board Complaints
January 22, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Union Violated Labor Law By Refusing To Provide Information On How To Resign
January 9, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Labor Board Rounds Out 2019 with a Few More Obama-Era Reversals
January 6, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
NLRB Squares Itself With EEOC: Employers May Require Confidentiality During Open Investigations
December 18, 2019 | Labor Relations, National Labor Relations Board
Dues Check Off Provisions Once Again Expire With CBA, NLRB Rules
December 16, 2019 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Labor Board Dials Back Ambush Election Rules
December 13, 2019 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Federal Court: Nurse Lawfully Terminated For Alleged Elder Abuse
December 12, 2019 | Labor Relations, Unions and Union Membership, National Labor Relations Board
Too Small? NLRB’s New Micro-Unit Test Likely Headed to Federal Court
December 4, 2019 | Labor Relations, National Labor Relations Board
Labor Board Makes E-Filing Mandatory
November 6, 2019 | Labor Relations, National Labor Relations Board
Can You Spy on Your Employees' Private Facebook Group?
November 1, 2019 | Labor Relations, National Labor Relations Board
Labor Board’s Boeing Handbook Rule Produces Encouraging Results
October 18, 2019 | Labor Relations, National Labor Relations Board
Tight Ship: Labor Board Reports Improvement In Case Handling Statistics
October 14, 2019 | Labor Relations, National Labor Relations Board
Final Exam? NLRB to AGAIN Address Whether Grad Students are Employees
September 23, 2019 | Labor Relations, National Labor Relations Board
Why It's Critical That Employers Choose Words Carefully at the Bargaining Table
September 20, 2019 | Labor Relations, National Labor Relations Board
Uh-Oh: Company’s Social Media Policy Ruled Unlawful
September 18, 2019 | Labor Relations, National Labor Relations Board
Another Win for Employer Property Rights: NLRB Loosens Discrimination Definition
September 13, 2019 | Labor Relations, National Labor Relations Board
At Long Last, NLRB Adopts Contract Coverage Over Waiver
September 12, 2019 | Labor Relations, National Labor Relations Board
Labor Board Clears Boeing For Takeoff, Ices Funky Bargaining Unit
September 10, 2019 | Labor Relations, National Labor Relations Board
The Dizzying World of Worker Classification Just Got Slightly Less Harrowing
September 3, 2019 | Labor Relations, National Labor Relations Board
This is the Clause that Always Ends, It Stops Here and Now, My Friends
August 28, 2019 | Labor Relations, National Labor Relations Board
NLRB Announces New Standard for Off-Duty Onsite Contractors' Access to Property
August 27, 2019 | Labor Relations, National Labor Relations Board
Ouch! Harm to Business or Reputation Policy Ruled Unlawful
August 23, 2019 | Labor Relations, National Labor Relations Board
This is the Clause That Never Ends, It Goes on and on, My Friends
August 19, 2019 | Labor Relations, National Labor Relations Board
NLRB Says Employers Can Change Arbitration Agreements After Being Sued
August 15, 2019 | Labor Relations, National Labor Relations Board
NLRB Reveals Proposed Regulations Revamping Election Procedures
August 9, 2019 | Labor Relations, National Labor Relations Board
Labor Board: Executive’s Comments Did Not Unlawfully Create the Impression of Surveillance
August 1, 2019 | Labor Relations, National Labor Relations Board
Shakeup at the NLRB
July 25, 2019 | Labor Relations, National Labor Relations Board
Court Overturns Suspension of Employee Refusing Work Due to Safety Concerns
July 9, 2019 | Labor Relations, Unions and Union Membership, National Labor Relations Board
What Happened To Former NLRB Chairman Mark Gaston Pearce?
July 1, 2019 | Labor Relations, National Labor Relations Board
NLRB Rules Employers May Maintain Discipline Between Election and Certification
June 24, 2019 | Labor Relations, National Labor Relations Board
NLRB Gives Employers Win Against Non-Employee Union Organizers
June 17, 2019 | Labor Relations, National Labor Relations Board
Planes, Trains, and No Collusion!
June 13, 2019 | Labor Relations, Federal Laws and Legislation
Cough it Up! Company Forced to Give Union Complete Copy Of Third-Party Agreement
June 11, 2019 | Labor Relations, National Labor Relations Board
Don’t Take The Bait! Termination Of Employee Provoked By Employer’s Negative Review Unlawful
June 7, 2019 | Labor Relations, National Labor Relations Board
Thin Skin? Discharge of Employee for Criticizing Executive’s Salary Was Unlawful
May 31, 2019 | Labor Relations, National Labor Relations Board
Changes Coming: NLRB Considers Rulemaking on Ambush Elections and More
May 24, 2019 | Labor Relations, National Labor Relations Board
Are Uber Drivers Employees?
May 15, 2019 | Labor Relations, National Labor Relations Board
Union Folds In Class Action Lawsuit Over Forced Union Dues
May 8, 2019 | Labor Relations, Unions and Union Membership
What The Heck Are Employee Weingarten Rights And Are There Limits?
May 1, 2019 | Labor Relations, Unions and Union Membership
Can You Terminate An Employee For Talking To The Press?
April 24, 2019 | Labor Relations, National Labor Relations Board
Does The National Labor Relations Act Apply To Teachers At Charter Schools?
February 5, 2019 | Labor Relations, National Labor Relations Board, Unions and Union Membership
NLRB Announces Strategic Plan For 2019 to 2022
December 13, 2018 | Labor Relations, National Labor Relations Board
NLRB GC Action May Make Unions More Accountable To Their Members
October 26, 2018 | National Labor Relations Board, Labor Relations
NLRB Signals We May Not Get Clarity On Construction Industry CBAs Just Yet
October 18, 2018 | National Labor Relations Board, Labor Relations
Does “Creating the Impression of Surveillance” Violate Labor Law?
October 10, 2018 | Union Organizing, Labor Relations
Reckless Driving: Employee Discharge For Antics On Public Highway Upheld
October 5, 2018 | Strikes and Picketing, Unions and Union Membership, Labor Relations
You’ve Got Mail! NLRB Chairman Issues Letter Regarding Employer Email Case
September 25, 2018 | National Labor Relations Board, Labor Relations
Is That A Section 9(a) Or 8(f) Agreement? The NLRB May Soon Be Providing More Clarity.
September 13, 2018 | National Labor Relations Board, Labor Relations
Does Enrolling In E-Verify Violate Labor Law?
September 7, 2018 | National Labor Relations Board, Labor Relations
Polite President or Political Deal? Trump Renominates Pro-Union Mark Gaston Pearce To NLRB
August 30, 2018 | National Labor Relations Board, Labor Relations
When Do Employee Weingarten Rights Kick In?
August 17, 2018 | National Labor Relations Board, Unions and Union Membership, Labor Relations
NLRB To Renegotiate … Its Own CBA!
August 14, 2018 | National Labor Relations Board, Labor Relations
No Soliciting: Employer Solicitation Ban Ruled Unlawful
August 9, 2018 | National Labor Relations Board, Labor Relations
Dinged For Doing The Right Thing: NLRB Says Employer Must Produce Names Of Witnesses In Harassment Investigation
August 8, 2018 | National Labor Relations Board, Labor Relations
Changes Coming to NLRB’s Stance On Company E-Mail Policies?
August 2, 2018 | National Labor Relations Board, Labor Relations
Moving The Needle: NLRB GC Announces Agency Process Changes
August 1, 2018 | National Labor Relations Board, Labor Relations
Don’t Pull The Tapes: Employer Dinged By NLRB For Surveilling Employee Union Activity On Video Archives
July 23, 2018 | National Labor Relations Board, Labor Relations
Resolution: Labor Board Announces Initiative To Increase ADR Participation
July 12, 2018 | National Labor Relations Board, Labor Relations
‘BIG Little Lies’: Court Upholds Employee Discharge For Dishonesty
July 9, 2018 | National Labor Relations Board, Labor Relations
Headcount Reduction: NLRB Reportedly To Offer Buyouts In Effort To Trim Staff
June 27, 2018 | National Labor Relations Board, Labor Relations
Happiest Union On Earth? Teamsters Violated Disney Parks Workers’ Labor Law Rights
June 25, 2018 | National Labor Relations Board, Labor Relations
No, Thank You: Boeing Declines Union’s Invitation To Bargain, Setting Up Micro-Unit Appeal
June 20, 2018 | Unions and Union Membership, Labor Relations
Have An Employee Handbook Or Other Personnel Policies? Here’s A BIG Development You Need To Know
June 19, 2018 | National Labor Relations Board, Labor Relations
Unscrambling the Hy-Brand Egg - NLRB Tackles Ethics/Recusal Mess
June 11, 2018 | National Labor Relations Board, Labor Relations
Teamsters On The Hook For Full Back Pay, Says NLRB
June 7, 2018 | National Labor Relations Board, Labor Relations
Fireworks! NLRB Chairman Fires Back At Senators, Confirms Agency Will Address Joint-Employer Issue Through Rulemaking
June 6, 2018 | National Labor Relations Board, Labor Relations
Fractured Workforce: Union Scores Micro-Unit Election Win At Boeing
June 4, 2018 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Senators Express Concern Over Labor Board’s Planned Rulemaking
May 30, 2018 | National Labor Relations Board, Labor Relations
Loose Lips Don’t Sink Ships: NLRB Member Cleared By Agency Inspector General
May 22, 2018 | National Labor Relations Board, Labor Relations
Finality at Last: Supreme Court Overrules NLRB’s Controversial Policy Against Employee Class Action Waivers in Arbitration Agreements
May 21, 2018 | National Labor Relations Board, Labor Relations
Employer Handbook Policies Still in the Crosshairs: NLRB Judge Strikes Down Employer’s Moonlighting Policy
May 18, 2018 | National Labor Relations Board, Labor Relations
One Way Or Another: Trump NLRB Coming at Joint-Employer Standard from New Angle
May 17, 2018 | National Labor Relations Board, Labor Relations
Different Animal, Same Beast: PCC Structurals Micro-Unit Survives Traditional Community of Interest Standard on Remand
May 14, 2018 | National Labor Relations Board, Labor Relations
Board Members Again Raise Prospect of Changing Blocking Charge Rule
May 11, 2018 | National Labor Relations Board, Labor Relations
Illegality of Union Resignation Rule Upheld by D.C. Circuit Court
May 10, 2018 | National Labor Relations Board, Unions and Union Membership, Labor Relations
What Not To Wear: Employer Dress Code Policy Ruled Unlawful
May 7, 2018 | National Labor Relations Board, Labor Relations
UFC Enters NLRB Independent Contractor Cage Match
May 3, 2018 | National Labor Relations Board, Labor Relations
Don’t Pick and Choose: Company’s Inconsistent Rules Enforcement Results in Employee Terminations Being Overturned
May 2, 2018 | National Labor Relations Board, Labor Relations
NLRB Expands Unions’ Ability to Acquire Information to Investigate Discrimination Complaints
April 30, 2018 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Lost In The Mail: Invalid Mailing Addresses Cost Company Union Election
April 23, 2018 | National Labor Relations Board, Labor Relations
Musical Chairs: Ring Named Chairman of the NLRB
April 16, 2018 | National Labor Relations Board, Labor Relations
UPDATE: Does Misclassifying Employees As Independent Contractors Violate Labor Law?
April 13, 2018 | Department of Labor, National Labor Relations Board, Labor Relations
Wolf Guarding The Hen House? Group Demands Investigation Into NLRB’s Inspector General.
April 5, 2018 | National Labor Relations Board, Labor Relations
Employees Urge NLRB To Overturn The “Ambush Election Rule”
April 3, 2018 | National Labor Relations Board, Labor Relations
Loose Lips Sink Ships: Obama-Appointed NLRB Member Under Investigation
March 30, 2018 | National Labor Relations Board, Labor Relations
NLRB Avoids Drastic Budget Cut
March 26, 2018 | National Labor Relations Board, Labor Relations
Whose Law Is It Anyway? NLRB Dings Company For Actions Related To FLSA (Not NLRA) Lawsuit
March 22, 2018 | National Labor Relations Board, Labor Relations
Union Organizing Threat: Are Worker Centers Labor Organizations?
March 20, 2018 | Union Organizing, Labor Relations
Another Redo At The NLRB Because Of Conflicts of Interest?
March 16, 2018 | National Labor Relations Board, Labor Relations
NLRB Extends Deadline for Public Feedback on Potential Changes to Its ‘Ambush Election Rule’ – Again
March 14, 2018 | National Labor Relations Board, Labor Relations
Full Disclosure: Hospital Forced To Give Union Confidential Business Information
March 13, 2018 | National Labor Relations Board, Labor Relations
Does Labor Law Protect Employees Engaged In Harassment?
March 7, 2018 | National Labor Relations Board, Labor Relations
Justified: Labor Board Upholds Discharge Of Employee Who Misused Company Security Passcode
March 6, 2018 | National Labor Relations Board, Labor Relations
Social Media Policies Continue To Give Rise To Litigation Before The Labor Board
March 5, 2018 | National Labor Relations Board, Labor Relations
Frozen: Union Appeals to Congress Over NLRB’s Planned “Hiring Freeze”
March 2, 2018 | National Labor Relations Board, Labor Relations
U.S. Supreme Court to Take Up Independent Contractor Arbitration Case
February 27, 2018 | National Labor Relations Board, Labor Relations
Oh no! It’s Back: NLRB’s Browning-Ferris Decision Reinstated
February 26, 2018 | National Labor Relations Board, Labor Relations
Charge Filed Against Union Regarding “Forced Dues Payments”
February 23, 2018 | National Labor Relations Board, Labor Relations
Do Over? NLRB May Have To Revisit Its Stance On Joint-Employers Due To Alleged Conflict
February 21, 2018 | National Labor Relations Board, Labor Relations
Scrutinized: Congressional Members Questioning Agenda of New NLRB GC
February 20, 2018 | National Labor Relations Board, Labor Relations
Does Misclassifying Employees As Independent Contractors Violate Labor Law?
February 19, 2018 | Department of Labor, National Labor Relations Board, Labor Relations
Prior Administration Board Decisions Still Matter
February 16, 2018 | National Labor Relations Board, Labor Relations
‘Mean Girls’: Union Violated Labor Law By 'Ostracizing' and 'Humiliating' Its Own Members On Facebook, Says NLRB GC
February 15, 2018 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Board’s New Boeing Test Still Blocks Separation Agreements
February 14, 2018 | National Labor Relations Board, Labor Relations
Slimming Down? NLRB Considering Slashing Headcount
February 9, 2018 | National Labor Relations Board, Labor Relations
Can You Require Employees To Keep Harassment And Other Workplace Investigations “Confidential”?
February 7, 2018 | National Labor Relations Board, Labor Relations
NLRB Issues Updated “Bench Book” for its Judges
February 6, 2018 | National Labor Relations Board, Labor Relations
On the Hook: NLRB Forces Hotel to Pay Union’s Attorney’s Fees Related to Boycott Spat
February 5, 2018 | National Labor Relations Board, Labor Relations
Supreme Court to Decide Whether “Fair Share” Fees Violate Free Speech
February 2, 2018 | Unions and Union Membership, Labor Relations
UPDATE: How Will the Booming Economy, Corporate Tax Cuts, and Healthcare Uncertainty Affect Labor Negotiations in 2018?
February 2, 2018 | Unions and Union Membership, Labor Relations
Second Time’s the Charm? NLRB to Reconsider Lawfulness of Restaurant’s Work Rules Under New Standard
February 1, 2018 | National Labor Relations Board, Labor Relations
Columbia to Fight NLRB Ruling on Graduate Assistants’ Unionization Efforts in Federal Court
January 31, 2018 | National Labor Relations Board, Labor Relations
NLRB Extends Deadline for Public Feedback on Potential Changes to Its ‘Ambush Election Rule’
January 29, 2018 | National Labor Relations Board, Labor Relations
Purple in the Face: Union Urges Federal Court to Permit Non-Business Use of Company Email Systems by Employees
January 23, 2018 | National Labor Relations Board, Labor Relations
CLOSED: NLRB Among Agencies Closed During Government Shutdown
January 22, 2018 | National Labor Relations Board, Labor Relations
Potential Organizational Changes at the NLRB Could Drastically Affect Labor Board Case Handling
January 19, 2018 | National Labor Relations Board, Labor Relations
Trump Fills Final Vacancy on NLRB, Returns NLRB to Republican-Led Majority
January 19, 2018 | National Labor Relations Board, Labor Relations
How Will the Booming Economy, Corporate Tax Cuts, and Healthcare Uncertainty Affect Labor Negotiations in 2018?
January 17, 2018 | Unions and Union Membership, Labor Relations
Union Sabotages Its Own Request For Information, Says NLRB
January 12, 2018 | National Labor Relations Board, Labor Relations
Union Retirees Win Certification In Class Action Regarding Lifetime Medical Insurance Benefits
January 9, 2018 | Unions and Union Membership, Labor Relations
A Hail Mary? Union Fights To Keep NLRB Joint-Employer Case In Federal Court
January 8, 2018 | National Labor Relations Board, Labor Relations
Trump’s NLRB Signals It Will Revisit Board’s Stance On ‘Confidential Severance Agreements’
January 5, 2018 | National Labor Relations Board, Labor Relations
Has Your Company Had an NLRB Charge Filed Against It Recently? If So, Here Are Two BIG Developments You Need to Know
January 3, 2018 | National Labor Relations Board, Labor Relations
NLRB Signals Reversal of Blocking Charge Policy
December 29, 2017 | National Labor Relations Board, Labor Relations
Specialty Healthcare Death Throes Continue
December 28, 2017 | National Labor Relations Board, Labor Relations
The Gifts Keep On Comin’: NLRB GC Memo Signals Favorable Change for Employers in Union Elections
December 27, 2017 | National Labor Relations Board, Labor Relations
Trump Elects New NLRB Chair
December 22, 2017 | National Labor Relations Board, Labor Relations
NLRB Asks Ninth Circuit to Uphold Purple Communications Decision
December 21, 2017 | National Labor Relations Board, Labor Relations
Welcome to the NLRB Labor Law Time Machine, Step Right In…
December 19, 2017 | National Labor Relations Board, Labor Relations
A Final Bow from Miscimarra Lessens Employer Bargaining Obligations
December 19, 2017 | National Labor Relations Board, Labor Relations
All the King’s Horses and All the King’s Men CAN Put Humpty Dumpty Together Again: NLRB Overrules Specialty Healthcare, Potentially Reducing Number of Fractured Bargaining Units
December 18, 2017 | National Labor Relations Board, Labor Relations
NLRB Delivers Early Holiday Gifts to Employers
December 15, 2017 | National Labor Relations Board, Labor Relations
NLRB Shuttering Its Alaska Office
December 13, 2017 | National Labor Relations Board, Labor Relations
Roll It Back? NLRB Potentially Contemplating Rescinding ‘Quickie Election Rules’
December 12, 2017 | National Labor Relations Board, Labor Relations
And So It Begins…Trump NLRB Overturns Obama NLRB Precedent for First Time
December 12, 2017 | National Labor Relations Board, Labor Relations
Employers Face the Music: NLRB Judge Rules Musicians May Protest Outside Auditorium
December 11, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations
General Counsel Memo Signals Brighter Days for Employers
December 4, 2017 | National Labor Relations Board, Labor Relations
Time Crunch: NLRB Report Confirms Union Elections Remain ‘Quick’ Under New Rules
November 21, 2017 | National Labor Relations Board, Labor Relations
DOL Head Slams NLRB’s Vague Test for Joint Employment
November 21, 2017 | National Labor Relations Board, Labor Relations
NLRB Protected Concerted Activity or Harassment – Will Employers Finally Get Clarity?
November 14, 2017 | National Labor Relations Board, Labor Relations
Game Changer? New NLRB General Counsel Confirmed By Senate
November 9, 2017 | National Labor Relations Board, Labor Relations
Action! House Passes Legislation to Stave Off Broadening Definition of Joint Employment
November 8, 2017 | National Labor Relations Board, Labor Relations
Union Improperly Used Strikes and Grievances to Obtain Disputed Work, Says Appeals Court
November 2, 2017 | National Labor Relations Board, Labor Relations
What’s Your Preference? NLRB Adopts Federal Court’s Ruling Permitting Hospital’s Nonunion Hiring Preference Policy
October 18, 2017 | National Labor Relations Board, Labor Relations
Go Figure – Production and Maintenance Employees Belong in the Same Bargaining Unit
October 13, 2017 | National Labor Relations Board, Labor Relations
Will Congress Act to Stave Off the Broadening Definition of Joint Employment?
October 6, 2017 | National Labor Relations Board, Labor Relations
NLRB Dodges Massive Budget Cuts, But Some Predict Changes Still on the Horizon
October 4, 2017 | National Labor Relations Board, Labor Relations
D.R. Horton Reaches New Heights – U.S. Supreme Court Hears Oral Arguments
October 2, 2017 | National Labor Relations Board, Labor Relations
High Court to Resolve Whether Class Action Waivers Violate NLRA
September 27, 2017 | Federal Laws and Legislation, National Labor Relations Board, State Labor Laws, Labor Relations
NLRB’s New Member Confirmed, Fits the Bill for Employers
September 26, 2017 | National Labor Relations Board, Labor Relations
President Trump Taps New England Labor Lawyer for NLRB’s General Counsel Post
September 21, 2017 | National Labor Relations Board, Labor Relations
Second Circuit Affirms NLRB Position on Broad Confidentiality Agreements
September 5, 2017 | National Labor Relations Board, Labor Relations
Elon Musk’s Tesla Targeted By UAW And NLRB
September 1, 2017 | Union Organizing, Labor Relations
Businesses Say ‘Yes’ to Robb as Labor Board’s Top Lawyer
August 25, 2017 | National Labor Relations Board, Labor Relations
There’s a Hole in Your Bucket: 114 Multiemployer Pension Funds on Track to Fail
August 23, 2017 | Unions and Union Membership, Labor Relations
NBA Team’s Electronic Display Operators are Employees, Not Independent Contractors, Says NLRB
August 22, 2017 | National Labor Relations Board, Labor Relations
Fractured Workforce: Federal Court Approves Micro-Unit Certified by NLRB
August 16, 2017 | National Labor Relations Board, Labor Relations
A Nice Change of Pace: NLRB Upholds Employer’s Confidential Information Policy
August 15, 2017 | National Labor Relations Board, Labor Relations
Union Corruption: UAW and Auto Manufacturer Officials Allegedly Embezzled Millions in Union-Member Funds
August 11, 2017 | Unions and Union Membership, Labor Relations
Short-Lived Victory for Employers? NLRB Chairman Reportedly Stepping Down in December
August 9, 2017 | National Labor Relations Board, Labor Relations
D.C. Circuit Calls Out NLRB in Ruling on Union Access to Employer Property
August 8, 2017 | National Labor Relations Board, Labor Relations
Third Time is NOT the Charm: Nissan Smokes UAW Again in Union Vote
August 7, 2017 | Union Organizing, Labor Relations
“And the Fourth Seat Goes To….” Senate Confirms Nomination of Kaplan to NLRB, Delays Vote on Nomination of Emanuel
August 3, 2017 | National Labor Relations Board, Labor Relations
‘Absurd Results’: NLRB Takes 'Facebook Discipline Cases' to New Heights (Or New Lows, Depending on Your Point of View)
July 31, 2017 | National Labor Relations Board, Labor Relations
WARNING: No Solicitation
July 28, 2017 | Union Organizing, Labor Relations
Woo-hoo! Federal Court Overrules NLRB, Says Companies Can Require Employees to Promote Positivity
July 26, 2017 | National Labor Relations Board, Labor Relations
Closing Time: NLRB Considers Shuttering Even More Offices
July 24, 2017 | National Labor Relations Board, Labor Relations
NLRB Inches Closer to Having Full Panel
July 21, 2017 | National Labor Relations Board, Labor Relations
NLRB Rolls Snake Eyes Before D.C. Circuit
July 19, 2017 | National Labor Relations Board, Labor Relations
NLRB’s Controversial Joint-Employer Standard in House Appropriations Committee’s Crosshairs
July 18, 2017 | National Labor Relations Board, Labor Relations
Playing Hardball – NLRB Holds High School Lacrosse Referees Are Employees, Not Independent Contractors
July 12, 2017 | National Labor Relations Board, Labor Relations
If At First You Don’t Succeed, Try, Try, Try Again: UAW Files Petition for Union Vote at Nissan
July 11, 2017 | Union Organizing, Labor Relations
Eighth Circuit Sides With Jimmy John’s and Finds Employee Actions Were Not Protected Activity
July 7, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of June 12 - 16
June 30, 2017 | National Labor Relations Board, Labor Relations
Swan Song? NLRB Contemplates Shuttering San Diego Office
June 29, 2017 | National Labor Relations Board, Labor Relations
Balance of Power May Be Shifting at the NLRB
June 28, 2017 | National Labor Relations Board, Labor Relations
Obamacare Repeal: Will You Have to Bargain With Your Union Over Changes?
June 28, 2017 | National Labor Relations Board, Labor Relations
Negotiating Tips: The Art of the Ratification Bonus
June 23, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Take a Screen Shot of This: Supervisor Unlawfully Interrogated Employee Through Text, NLRB Says
June 23, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of June 5 - 9
June 22, 2017 | National Labor Relations Board, Labor Relations
Untangling the Web? Senator Introduces Bill to Reverse Obama-Era Ambush Union Election Rules
June 21, 2017 | National Labor Relations Board, Labor Relations
SCOTUS Declines to Weigh in on Micro-Units, But There Still is Hope
June 20, 2017 | National Labor Relations Board, Labor Relations
Fahrenheit 180: DOJ Reverses Course, Abandons NLRB at Supreme Court in Class Action Fight
June 19, 2017 | National Labor Relations Board, Labor Relations
UBER Arbitration Pact Tossed
June 15, 2017 | National Labor Relations Board, Labor Relations
‘BIG Little Lies’: Employer’s Inconsistent Practice Invalidates Employee Termination for Dishonesty, Says NLRB
June 13, 2017 | National Labor Relations Board, Labor Relations
The Search Is On: Federal Court Upholds NLRB’s Imposition of Job-Search Costs on Employer
June 12, 2017 | National Labor Relations Board, Labor Relations
Can I Get Your Digits? NLRB Ruling Expands Quickie Election Rules To Cover Supervisors’ Possession Of Employee Phone Numbers
June 9, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Summary of NLRB Decisions for Week of May 22-29
June 8, 2017 | National Labor Relations Board, Labor Relations
Whose Law is it Anyway? NLRB Region’s Complaint Seeking to Have Contractors Converted to Employees Throws Agency into the Misclassification Fray with the IRS and DOL
June 7, 2017 | Department of Labor, National Labor Relations Board, Labor Relations
Congressional Leaders Ask Trump to Fill Long-Standing Vacancies at the NLRB
June 7, 2017 | National Labor Relations Board, Labor Relations
‘Smile, You’re On Candid Camera’ – Federal Court Upholds NLRB Ruling That Prohibits Non-Union Employers From Banning Recordings in the Workplace
June 5, 2017 | National Labor Relations Board, Labor Relations
A Growing Divide: Sixth Circuit Decision To Invalidate Class/Collective Action Waiver Widens Appellate Court Split
May 31, 2017 | National Labor Relations Board, Labor Relations
Senator Introduces Bill To Amend NLRA And Reverse Micro-Unit Trend
May 26, 2017 | National Labor Relations Board, Labor Relations
Getting Away With Murder? NLRB Tells Federal Court Union Election Observer’s Use Of Fake Firearm Did NOT Invalidate Union Election Results
May 25, 2017 | Unions and Union Membership, Labor Relations
It Could Be. It Might Be. IT IS! DOL’s Persuader Rule To Be GONE!
May 24, 2017 | Department of Labor, Labor Relations
End In Sight For The Micro-Unit Nightmare Spawned By NLRB’s Specialty Healthcare Decision? Maybe…
May 22, 2017 | National Labor Relations Board, Labor Relations
First-Year Report Card on Graduate Student Assistants Unionization
May 19, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Another Overreach? NLRB Finds Company Violated the NLRA by Retaliating Against Former Employee for Filing FLSA (Not NLRA) Class Action
May 18, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of May 1-5
May 17, 2017 | National Labor Relations Board, Labor Relations
The Saga Continues: NLRB’s Browning-Ferris Decision On Joint Employment Still Drawing Attention – This Time From Congress
May 15, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of April 24-28
May 4, 2017 | National Labor Relations Board, Labor Relations
NLRB Appointments in the Works?
May 1, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of April 10-14
April 27, 2017 | National Labor Relations Board, Labor Relations
Trump Appoints Miscimarra as Chairman of NLRB
April 26, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of April 3 - 7
April 18, 2017 | National Labor Relations Board, Labor Relations
NLRB Invalidates Another Employer Arbitration Agreement – But NOT Under D.R. Horton
April 17, 2017 | National Labor Relations Board, Labor Relations
Purple Communications NLRB Decision Teed Up for Appeal?
April 13, 2017 | National Labor Relations Board, Labor Relations
A Dancer With an Attitude? Fired Vegas Show Dancer Pursues Workers’ Rights
April 7, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of March 13 - 17
March 27, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of March 6 - 10
March 22, 2017 | National Labor Relations Board, Labor Relations
No Vacancy: U.S. Supreme Court Invalidates Most of Former Acting NLRB GC’s Tenure
March 21, 2017 | National Labor Relations Board, Labor Relations
Seattle Legal Battles Mount: Uber Drivers and U.S. Chamber Fight Driver Unionization Law
March 15, 2017 | Unions and Union Membership, Labor Relations
The Legality of Local Municipal Right-to-Work Laws; Will A Circuit Split Lead To Supreme Court Review
March 14, 2017 | Federal Laws and Legislation, Labor Relations
Beware of the Employee Walk Out: Non-Union Employees Terminated for Walking Off Job; NLRB Judge Reinstates with Backpay
March 10, 2017 | National Labor Relations Board, Labor Relations
Browning-Ferris Joint Employer Test Argued Before D.C. Circuit
March 10, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Feb. 13 - 17
March 2, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Feb. 6 - 10
February 24, 2017 | National Labor Relations Board, Labor Relations
'Show Your Face' – IBEW Restrictions On Union Resignation and Dues Checkoff In Right-to-Work States Found Unlawful
February 15, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Jan. 23-27
February 10, 2017 | National Labor Relations Board, Labor Relations
Missouri Adopts Right-to-Work, Are the Feds Next?
February 9, 2017 | Federal Laws and Legislation, Unions and Union Membership, Labor Relations
Major Changes on the Horizon for the NLRB? Trump Names Philip Miscimarra Acting Chair of Agency
January 27, 2017 | National Labor Relations Board, Labor Relations
Court Of Appeals Reverses NLRB, Finds Hospital’s Nonunion Hiring Preference Policy Is Lawful
January 24, 2017 | National Labor Relations Board, Labor Relations
Will Seattle Uber Drivers Really Be Able to Unionize? Uber Takes Legal Action to Halt City Rules
January 23, 2017 | State Labor Laws, Labor Relations
Obama NLRB Deep Sixes Employer Defense on Procedural Grounds
January 20, 2017 | National Labor Relations Board, Labor Relations
U.S. Supreme Court to Decide D.R. Horton Arbitration Waiver Issue
January 13, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Jan. 3-6
January 12, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Dec. 27-30
January 9, 2017 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decisions for Week of Dec. 19-23
December 30, 2016 | National Labor Relations Board, Labor Relations
Past Isn’t Prologue: Study Finds NLRB Nullified 4,500+ Years of Precedent Over Last Eight Years
December 27, 2016 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decisions for Week of Dec. 12-16
December 19, 2016 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decisions for Week of Nov. 28-Dec. 2
December 15, 2016 | National Labor Relations Board, Labor Relations
Second Persuader Rule Case Halted; Court to Wait for New Administration
December 9, 2016 | Federal Laws and Legislation, Labor Relations
Weekly Summary of NLRB Decisions for Week of Nov. 21-25
December 2, 2016 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Nov. 14 - 18
November 28, 2016 | National Labor Relations Board, Labor Relations
NLRB Affirms Decision Finding Charter Schools Subject to NLRA
November 23, 2016 | National Labor Relations Board, Labor Relations
A Chink in Specialty Healthcare’s Micro Unit Armor?
November 22, 2016 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Nov. 7-10
November 18, 2016 | National Labor Relations Board, Labor Relations
The Trump Presidency and the NLRB: Change May Come Slowly
November 15, 2016 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Oct. 31 - Nov. 4
November 14, 2016 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Oct. 24-28
November 4, 2016 | National Labor Relations Board, Labor Relations
Fourth Circuit Finds Nurses Are Not Supervisors - Could Unionize
November 3, 2016 | National Labor Relations Board, Labor Relations
U.S. Chamber of Commerce Report Confirms NLRB’s Infamous Specialty Healthcare Decision Has Given Rise to More Micro-Units
November 1, 2016 | National Labor Relations Board, Labor Relations
NLRB Member Kent Y. Hirozawa’s Term Expires – But He Left His Mark On U.S. Labor Law
September 7, 2016 | National Labor Relations Board, Labor Relations
NLRB: Is Misclassification of Independent Contractors an Unfair Labor Practice?
August 31, 2016 | National Labor Relations Board, Labor Relations
NLRB Enhances Backpay Compensation for Terminated Workers
August 25, 2016 | National Labor Relations Board, Labor Relations
Down Goes Brown – NLRB Finds Graduate Assistants May Unionize
August 23, 2016 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Aug. 1 - 5
August 22, 2016 | National Labor Relations Board, Labor Relations
Employers’ Role In Decertification Efforts Continue To Receive Intense Scrutiny
August 8, 2016 | National Labor Relations Board, Union Organizing, Labor Relations
Buyer Beware – NLRB Decision Creates New Risks for Purchasers of Union Operations
August 3, 2016 | National Labor Relations Board, Labor Relations
Federal Court Strikes Down Part of Georgia’s Right to Work Law
July 13, 2016 | Unions and Union Membership, Labor Relations
NLRB Ruling: Temps Can be Part of Bargaining Units
July 11, 2016 | National Labor Relations Board, Labor Relations
NLRB Hits Ceiling in Continual Push to Expand Scope of Protected Concerted Activity
July 6, 2016 | National Labor Relations Board, Labor Relations
Supreme Court to Decide if Presidential Appointees Can Fake It Until They Make It
June 21, 2016 | National Labor Relations Board, Labor Relations
NLRB’s “Ambush Election Rules” Get Stamp of Approval from Fifth Circuit
June 15, 2016 | National Labor Relations Board, Labor Relations
Fifth Circuit Agrees NLRB Micro-Unit Test Here to Stay
June 9, 2016 | National Labor Relations Board, Labor Relations
Can Lawful Employer Policies Put Companies at Risk? NLRB Says Yes
June 8, 2016 | National Labor Relations Board, Labor Relations
Are Permanent Replacements Permanent Anymore?
June 3, 2016 | National Labor Relations Board, Unions and Union Membership, Labor Relations
NLRB Defends Attempt to Encroach on Tribal Sovereignty
May 27, 2016 | National Labor Relations Board, Labor Relations
The Latest in the NLRB Handbook Saga? Another Unlawful Recording Policy Fails to Pass Muster
May 13, 2016 | National Labor Relations Board, Labor Relations
NLRB Disregards Corporate Entity and Holds Individual Owners Liable for CBA Violations
May 7, 2016 | National Labor Relations Board, Labor Relations
Don’t Gamble With Your Email Policy
May 6, 2016 | National Labor Relations Board, Labor Relations
You Can’t Make Me Be Positive!
May 3, 2016 | National Labor Relations Board, Labor Relations
Ties Go to the Runner and the NLRB
April 21, 2016 | National Labor Relations Board, Labor Relations
NLRB Continues To Cite Its Infamous Specialty Healthcare Decision When Affirming Funky Bargaining Units
April 4, 2016 | National Labor Relations Board, Labor Relations
Obama Supreme Court Nominee and the NLRB
March 24, 2016 | Labor Relations
Summary of NLRB Decisions for Week of Feb. 22-26, 2016
March 22, 2016 | National Labor Relations Board, Labor Relations
Summary Data Released by NLRB Confirms Its “Ambush Election Rules” Truncate Time Between Petition, Election
March 21, 2016 | National Labor Relations Board, Labor Relations
Burrito Bowls, Guacamole, &. . .Tweets? NLRB Judge Finds Social Media Policy Unlawful
March 18, 2016 | National Labor Relations Board, Labor Relations
Right-to-Work – Union Shenanigans and Another State (Colorado) In Play
March 17, 2016 | Unions and Union Membership, Labor Relations
NLRB Activism Has A Cost: Budget Shortfalls and NLRB’s “Belt Tightening”
March 16, 2016 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Feb. 1 - 5, 2016
March 1, 2016 | National Labor Relations Board, Labor Relations
NLRB Commits Unfair Labor Practice With Its Own Union
February 26, 2016 | National Labor Relations Board, Labor Relations
NLRB Exploring Possible Expansion To Its ‘Make-Whole Remedies’ In Discharge Cases
February 23, 2016 | National Labor Relations Board, Labor Relations
Court Holds Company Can Reject Terms, Conditions of Expired CBA
February 15, 2016 | National Labor Relations Board, Labor Relations
11th Circuit Overturns NLRB: Finds Atlanta-area Stagehands are Independent Contractors
February 4, 2016 | National Labor Relations Board, Labor Relations
NLRB’s New Joint-Employer Standard To Be Put To The Test In Federal Court
January 26, 2016 | National Labor Relations Board, Labor Relations
Law Professors Petition for New NLRB Rule: Union “Captive Audience” Meetings
January 21, 2016 | National Labor Relations Board, Labor Relations
Browning-Ferris “All In” On Joint Employer Battle With NLRB
January 15, 2016 | Unions and Union Membership, Labor Relations
Another One Bites the Dust: NLRB Invalidates Another Widely-Used Personnel Policy
January 5, 2016 | National Labor Relations Board, Labor Relations
It Looks Like the Supreme Court will Disapprove of the NLRB’s Continued Attack On Class Action Waivers…But When Will We Know For Sure?
December 28, 2015 | National Labor Relations Board, Labor Relations
BT Labor Relations National Labor Relations Board Decisions 2015 Year-in-Review
December 22, 2015 | National Labor Relations Board, Labor Relations
Let The Chips Fall: When Is an Impasse An Impasse?
December 14, 2015 | National Labor Relations Board, Labor Relations
UAW Accused of Failing to Honor Michigan Right to Work Law
December 2, 2015 | National Labor Relations Board, Labor Relations
Micro-Unit Organizing & New NLRB Election Rules Mean Manufacturing Employers Must Be Vigilant
November 30, 2015 | National Labor Relations Board, Labor Relations
Confidentiality Guaranteed? The D.C. Circuit Calls Into Question NLRB’s Banner Health Decision
November 25, 2015 | National Labor Relations Board, Labor Relations
NLRB Steps Up Enforcement Against Class Action Waivers
November 24, 2015 | National Labor Relations Board, Labor Relations
What Is It Really Like To Deal With The NLRB’s New Quickie Election Rules (Part 1)
November 13, 2015 | National Labor Relations Board, Labor Relations
Target Faces First Ever Union
November 6, 2015 | National Labor Relations Board, Labor Relations
IBEW Rule Requiring Photo ID to Resign Upheld by NLRB Judge
November 4, 2015 | National Labor Relations Board, Labor Relations
NLRB Issues Updated Bench Book for ALJs
November 4, 2015 | National Labor Relations Board, Labor Relations
Employer Off-Duty Access Rule Roadmap (Kinda): NLRB Approves Off-Duty Access Rule But Finds Discrimination In Employer Application of That Rule
November 2, 2015 | National Labor Relations Board, Labor Relations
Better Late Than Never? In Election Using Mailed-In Ballots, NLRB Says Postal Service Failure Is No Excuse for Late Ballots
October 30, 2015 | National Labor Relations Board, Labor Relations
Arbitration Agreement “Take Two”: Fifth Circuit Refuses to Revisit D.R. Horton in Murphy Oil Case
October 29, 2015 | National Labor Relations Board, Labor Relations
Another NLRB Flip-Flop in the Works: Unions Seek to Organize College and University Graduate Assistants
October 28, 2015 | National Labor Relations Board, Labor Relations
An NLRB Hobgoblin: NLRB Excelsior List Requirement Expanded Under Interpretation of Board’s New Election Procedure Rule
October 27, 2015 | National Labor Relations Board, Labor Relations
When Will the Other Shoe Drop? NLRB May Hand Down Second Blow after Browning-Ferris
September 30, 2015 | National Labor Relations Board, Labor Relations
NLRB: Not-for Profit Canvassers Are Not Independent Contractors
September 30, 2015 | National Labor Relations Board, Labor Relations
Employers Take Note: Just in Time for Labor Day NLRB Issues Multiple Decisions That Significantly Erode Many Employer Interests
September 4, 2015 | National Labor Relations Board, Labor Relations
Another Noel Canning Rubber Stamp – Obama NLRB Overturns 1962 Case and Holds that Dues Checkoff Duty Now Continues Beyond Contract Expiration
September 2, 2015 | National Labor Relations Board, Labor Relations
NLRB Election Rule Statistics Demonstrate Shorter Election Periods and Why Proactively Preparing for Union Organizing is Smart Business
September 1, 2015 | National Labor Relations Board, Labor Relations
The Hits Keep On Coming: NLRB Ruling Makes It Easier For Unions To Establish “Joint-Employers” Under The NLRA
August 31, 2015 | National Labor Relations Board, Labor Relations
NLRB: Filing an FLSA Collective Action is Protected Concerted Activity
July 31, 2015 | National Labor Relations Board, Labor Relations
Is The Supreme Court Primed to Create “Right-to-Work” for Public Employees Nationwide?
July 9, 2015 | State Labor Laws, Labor Relations
PROMISE OF CONFIDENTIALITY – NOT SO FAST
July 9, 2015 | National Labor Relations Board, Labor Relations
Can Graduate Assistants Organize? Columbia University Effort Could Result in the Reversal of the Brown Decision
June 29, 2015 | National Labor Relations Board, Labor Relations
NLRB Reaches Agreement With The Republic Of Colombia To Educate Colombian Citizens On The NLRA
June 16, 2015 | National Labor Relations Board, Labor Relations
NLRB Jurisdiction Over Indian Tribes – Uncertainty Abounds
June 12, 2015 | National Labor Relations Board, Labor Relations
The Aftermath of "Ambush" Elections - Union Petitions Increase, Median Time to Election Decreases During First Month of Controversial Rule
June 9, 2015 | National Labor Relations Board, Labor Relations
WTF? NLRB’s OK with 'Cut the Crap?'
June 4, 2015 | National Labor Relations Board, Labor Relations
House Committee Considers “NLRB’s Assault on Right-to-Work”
June 4, 2015 | National Labor Relations Board, Labor Relations
NLRB Advice Memo Provides Additional Guidance on Joint Employer Standard
May 13, 2015 | National Labor Relations Board, Labor Relations
NO PIN POLICY VIOLATES NLRA
May 7, 2015 | National Labor Relations Board, Labor Relations
Analysis of NLRB Elections Prior to the New Ambush Election Rules
April 28, 2015 | National Labor Relations Board, Labor Relations
NLRB Signals It May Chip Away at Right to Work Laws
April 22, 2015 | National Labor Relations Board, Labor Relations
Unions Get Free Pass From The NLRB When It Comes To Facebook Postings?
April 21, 2015 | National Labor Relations Board, Labor Relations
They're Here -- New NLRB "Quickie" Election Rules Go Into Effect Today
April 14, 2015 | National Labor Relations Board, Labor Relations
NLRB Scrutiny Of Employer Handbook Policies Continues With ALJ Ruling Against T-Mobile
March 24, 2015 | National Labor Relations Board, Labor Relations
NLRB General Counsel Issues Comprehensive Report on Handbook Rules
March 19, 2015 | National Labor Relations Board, Labor Relations
Non-Union Employers Beware: The NLRB Outlaws Employer’s Questions Regarding Supervisor's Performance
February 20, 2015 | National Labor Relations Board, Labor Relations
Ripples of Noel Canning Continue
February 20, 2015 | National Labor Relations Board, Labor Relations
NLRB: Employer letters regarding dues payment options violated NLRA
February 4, 2015 | National Labor Relations Board, Labor Relations
A New Frontier for Right-to-Work Laws?
January 26, 2015 | Unions and Union Membership, Labor Relations
God in the Details - NLRB Modifies Test for Jurisdiction Over Religious Education Employers
January 22, 2015 | National Labor Relations Board, Labor Relations
DC CIRCUIT OVERTURNS NLRB ON COMPANY ONLY HAT RULE
January 20, 2015 | National Labor Relations Board, Labor Relations
NLRB Sued Over Quickie Election Rule
January 7, 2015 | National Labor Relations Board, Labor Relations
NLRB Upholds Subpoena of Employer’s Employee Handbook
January 6, 2015 | National Labor Relations Board, Labor Relations
NLRB DROPS THE OTHER SHOE – APPROVES QUICKIE ELECTION RULES
December 12, 2014 | National Labor Relations Board, Labor Relations
Senate Confirms McFerran as New NLRB Member
December 9, 2014 | National Labor Relations Board, Labor Relations
NLRB Ruling Critical of Company Distribution / Solicitation Rule
December 3, 2014 | National Labor Relations Board, Labor Relations
NLRB Advice Memo follows Alan Ritchey on Discretionary Discipline, Despite Nullification by Noel Canning
November 26, 2014 | National Labor Relations Board, Labor Relations
Amazon Settlement with NLRB a Reminder for Employers -- "Confidential" Wage Policies Violate the NLRA
November 25, 2014 | National Labor Relations Board, Labor Relations
President Swaps Out Choice for NLRB Seat
November 18, 2014 | National Labor Relations Board, Labor Relations
NLRB Continues To Invalidate Class Action Waivers In Mandatory Arbitration Programs
November 3, 2014 | National Labor Relations Board, Labor Relations
Advocacy of Insubordination on Facebook Is Concerted But Not Protected Activity
October 30, 2014 | National Labor Relations Board, Labor Relations
NLRB Chooses Form Over Function
August 20, 2014 | National Labor Relations Board, Labor Relations
1 Is NOT The Loneliest Number…At Least At The NLRB
August 13, 2014 | National Labor Relations Board, Labor Relations
NLRB applies Specialty Healthcare "micro-union" standards to retail industry with mixed results
August 6, 2014 | National Labor Relations Board, Labor Relations
NLRB Shoots Down Another Confidentiality Rule
August 5, 2014 | National Labor Relations Board, Labor Relations
NLRB Ratifies All Administrative Actions in Wake of Noel Canning Decision
August 4, 2014 | National Labor Relations Board, Labor Relations
NLRB WEEKLY SUMMARY OF DECISIONS, July 14-18
July 23, 2014 | National Labor Relations Board, Labor Relations
NLRB Decides Not to Risk Its D.R. Horton Decision
July 22, 2014 | National Labor Relations Board, Labor Relations
BREAKING NEWS: Supreme Court Overturns Illinois Forced Union Dues Statute
June 30, 2014 | Union Organizing, Unions and Union Membership, Labor Relations
Breaking News: Supreme Court limits unionization for “partial public employees.”
June 30, 2014 | Unions and Union Membership, Labor Relations
Labor Lawyers, Constitutional Scholars Await Noel Canning
June 23, 2014 | National Labor Relations Board, Labor Relations
NLRB General Counsel Pushes for Broader Access to Employer E-Mail Systems
June 18, 2014 | National Labor Relations Board, Labor Relations
NLRB Again Overturns Discharge Of Employee Who Engaged In A Profanity-Laced Argument With A Manager In Front Of Customers
June 18, 2014 | National Labor Relations Board, Labor Relations
NLRB WEEKLY SUMMARY OF DECISIONS, June 9-13, 2014
June 17, 2014 | National Labor Relations Board, Labor Relations
Reality vs. “Objectivity” – The NLRB’s Use of Atlantic Steel to Sanction a Coarsening of the Workplace
June 11, 2014 | National Labor Relations Board, Labor Relations
NLRB WEEKLY SUMMARY OF DECISIONS, MAY 27-30, 2014
June 6, 2014 | National Labor Relations Board, Labor Relations
NLRB WEEKLY SUMMARY OF DECISIONS, MAY 19-23, 2014
May 30, 2014 | National Labor Relations Board, Labor Relations
NLRB WEEKLY SUMMARY OF DECISIONS, MAY 12-16, 2014
May 22, 2014 | National Labor Relations Board, Labor Relations
"Picture Perfect": NLRB ALJ Finds Company's Photographing Of Employees Holding Demonstrations Inside Plant Illegal Along With Its Policy Limiting Employee Photography
May 19, 2014 | National Labor Relations Board, Labor Relations
NLRB WEEKLY SUMMARY OF DECISIONS, May 5-9, 2014
May 14, 2014 | National Labor Relations Board, Labor Relations
Can Your Employees Use Your Company’s E-Mail System To Solicit Support For A Union? The NLRB Is Going To Weigh In…
May 2, 2014 | Union Organizing, Labor Relations
NLRB To Include Hyperlinks In Notice Postings
April 30, 2014 | National Labor Relations Board, Unions and Union Membership, Labor Relations
NLRB Continues To Impose Expansive Penalties On Employers
April 29, 2014 | National Labor Relations Board, Labor Relations
For Their Eyes Only: Northwestern to Limit Media Access at Union Polling Location
April 24, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership, Labor Relations
NLRB Weekly Summary of Decisions, April 14 -18, 2014
April 24, 2014 | National Labor Relations Board, Labor Relations
Northwestern Election Kicks Off This Friday
April 23, 2014 | National Labor Relations Board, Union Organizing, Labor Relations
NLRB DR Horton Rehearing Denied
April 17, 2014 | National Labor Relations Board, Labor Relations
NLRB Requires Employer to Pay Union’s Negotiation Expenses in Refusal to Bargain Case
April 16, 2014 | National Labor Relations Board, Unions and Union Membership, Labor Relations
NLRB Weekly Summary of Decisions, March 31-April 4, 2014
April 10, 2014 | National Labor Relations Board, Labor Relations
Yet Another Blow to Employers’ Social Media Policies – Company Rescinds Nation-Wide Policy
April 10, 2014 | National Labor Relations Board, Labor Relations
NLRB to Live Stream This Week’s Hearings
April 7, 2014 | National Labor Relations Board, Labor Relations
Not April Foolin’: National Labor Relations Board Finds Employer Rule Requiring Positivity and Professionalism Unlawful
April 7, 2014 | National Labor Relations Board, Labor Relations
Northwestern Union Election Date Set
April 3, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership, Labor Relations
NLRB Weekly Summary of Decisions - March 24-28, 2014
April 2, 2014 | National Labor Relations Board, Labor Relations
BTLabor Relations Blogger & Attorney Fields Questions on College Football Players Union Ruling
March 28, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership, Labor Relations
NLRB Directs Election at Northwestern – Scholarship Football Players are Employees
March 26, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership, Labor Relations
NLRB Weekly Summary of Decisions
March 26, 2014 | National Labor Relations Board, Labor Relations
NLRB Chairman signals willingness to reverse Register Guard decision
March 24, 2014 | National Labor Relations Board, Unions and Union Membership, Labor Relations
NLRB Weekly Summary of Decisions - March 10-14, 2014
March 21, 2014 | National Labor Relations Board, Labor Relations
Football is a "Year-round Gig": The Briefs are in on Unionizing College Athletes
March 21, 2014 | Union Organizing, Unions and Union Membership, Labor Relations
NLRB Weekly Summary of Decisions
March 12, 2014 | National Labor Relations Board, Labor Relations
NLRB Continues to Go Against the Grain with Arbitration-Related Decisions
March 10, 2014 | National Labor Relations Board, Labor Relations
NLRB GC Issues Mandatory Advice Memo
February 27, 2014 | National Labor Relations Board, Labor Relations
Northwestern Football and NLRB Are Now On the Clock
February 26, 2014 | National Labor Relations Board, Labor Relations
NLRB Schedules Public Meeting On Proposed Election Rules Changes
February 26, 2014 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions - Feb. 10-14, 2014
February 24, 2014 | National Labor Relations Board, Labor Relations
A Rare Facebook “Like” for Employers: NLRB Overturns ALJ, Finds Lack of Evidence to Support Facebook Post as Protected Activity
February 21, 2014 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions - Feb. 3-7, 2014
February 20, 2014 | National Labor Relations Board, Labor Relations
Not So Final and Binding – The NLRB Proposes Changes to Arbitration Deferral Policy
February 19, 2014 | National Labor Relations Board, Labor Relations
Northwestern Football and the NLRB: Hearing Start This Week
February 13, 2014 | National Labor Relations Board, Labor Relations
NLRB At It Again: Another Confidentiality Policy Bites the Dust
February 11, 2014 | National Labor Relations Board, Labor Relations
Is the NLRB Seeking to Expand its Jurisdiction Over Religious Universities?
February 11, 2014 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions - Jan. 27-31, 2014
February 7, 2014 | National Labor Relations Board, Labor Relations
NLRB Re-Issues “Quickie Election” Rules: It’s Déjà Vu All Over Again
February 5, 2014 | National Labor Relations Board, Labor Relations
A “Hail Mary”? Northwestern Student-Athletes File Union Petition with the NLRB
January 29, 2014 | National Labor Relations Board, Unions and Union Membership, Labor Relations
NLRB Moves Forward on UAW Charges at Mercedes-Benz Alabama
January 29, 2014 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions - Dec. 30, 2013-Jan. 24, 2014
January 28, 2014 | National Labor Relations Board, Labor Relations
“The More Things Change, The More They Stay The Same”: Bureau of Labor Statistics Releases Report On U.S. Unionization Rates For 2013
January 27, 2014 | Unions and Union Membership, Labor Relations
NLRB ALJ Continues to Apply D.R. Horton, Despite Fifth Circuit Reversal
January 24, 2014 | National Labor Relations Board, Labor Relations
Final nail in the coffin for quickie election rule?
January 23, 2014 | National Labor Relations Board, Labor Relations
Supreme Court Hears Oral Argument on the Constitutionality of Public Sector Unions
January 22, 2014 | Unions and Union Membership, Labor Relations
Supreme Court Hears Noel Canning Oral Argument
January 14, 2014 | Labor Relations
NLRB Weekly Summary of Decisions for Dec. 16-20, 2013 and Dec. 23-27, 2013
January 10, 2014 | National Labor Relations Board, Labor Relations
NLRB Fails to File Appeal to the Supreme Court for Review of its "Poster Rule"
January 5, 2014 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - December 9-13, 2013
December 30, 2013 | National Labor Relations Board, Labor Relations
NLRB Issues 2013 PAR Report
December 20, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - December 2-6, 2013
December 17, 2013 | National Labor Relations Board, Labor Relations
No Gossiping Rule Violates NLRA
December 16, 2013 | National Labor Relations Board, Labor Relations
NLRB Throws in Towel on Quickie Election Rule Appeal
December 11, 2013 | National Labor Relations Board, Labor Relations
Supreme Court Takes a Pass on Unite HERE v. Mulhall
December 11, 2013 | Labor Relations
Weekly Summary of NLRB Decision - November 25-29, 2013
December 9, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - November 18-22, 2013
December 4, 2013 | National Labor Relations Board, Labor Relations
11th Circuit Jumps Into the Fray and Upholds the NLRB Recess Appointments
November 22, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - November 12-15 2013
November 22, 2013 | National Labor Relations Board, Labor Relations
NLRB Judge Gives a “Like” to Facebook-Related Termination
November 14, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decisions - October 28-November 1, 2013
November 13, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decisions - October 21-25, 2013
November 8, 2013 | National Labor Relations Board, Labor Relations
Noel Canning Argument Set for Jan. 13, 2014
November 6, 2013 | National Labor Relations Board, Labor Relations
Seventh Circuit Rules Salary Payments Violate the Labor Management Relations Act
November 6, 2013 | National Labor Relations Board, Labor Relations
Unlawful to Condition Bargaining on the Result in Noel Canning
October 24, 2013 | National Labor Relations Board, Labor Relations
NLRB Back in Business, Griffin’s Nomination Before the Senate
October 23, 2013 | National Labor Relations Board, Labor Relations
NLRB Opens - Here We Go Again - Haiku
October 17, 2013 | National Labor Relations Board, Labor Relations
Poetic Musings on the Shutdown: Where oh Where is my NLRB?
October 7, 2013 | National Labor Relations Board, Labor Relations
Shutdown Closes NLRB Operations
October 2, 2013 | National Labor Relations Board, Labor Relations
Is The NLRB Being Unfair to Employers?
September 30, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - September 16-20, 2013
September 27, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - September 9-13, 2013
September 19, 2013 | National Labor Relations Board, Labor Relations
Decertification 101
September 12, 2013 | Union Organizing, Labor Relations
Weekly Summary of NLRB Decisions - September 3-6, 2013
September 12, 2013 | National Labor Relations Board, Labor Relations
The Hits Keep Coming: D.C. Circuit Denies Rehearing for NLRB Notice Posting Case
September 6, 2013 | National Labor Relations Board, Labor Relations
A Weekly Summary of NLRB Decisions for Aug. 26-30, 2013
September 4, 2013 | National Labor Relations Board, Labor Relations
ALJ Calls Out NLRB for Lack of "Intellectual Integrity"
September 4, 2013 | National Labor Relations Board, Labor Relations
First Social Media Policies and Now E-Mail?
August 29, 2013 | National Labor Relations Board, Labor Relations
A Weekly Summary of NLRB Decisions for Aug. 19-23, 2013
August 28, 2013 | National Labor Relations Board, Labor Relations
Federal Judge Rules NLRB General Counsel’s Appointment Invalid
August 22, 2013 | National Labor Relations Board, Labor Relations
A Weekly Summary of NLRB Decisions for Aug. 12-16, 2013
August 21, 2013 | National Labor Relations Board, Labor Relations
Sixth Circuit Upholds NLRB’s Specialty Healthcare “Micro-Union” Decision
August 19, 2013 | National Labor Relations Board, Labor Relations
NLRB Is Working With A Full Slate
August 16, 2013 | National Labor Relations Board, Labor Relations
A Weekly Summary of NLRB Decisions for Aug. 5-9, 2013
August 14, 2013 | National Labor Relations Board, Labor Relations
4th Circuit Again Tells NLRB To Pound Sand Over Board’s Direction That Employers Hang Paper
August 13, 2013 | National Labor Relations Board, Labor Relations
A Weekly Summary of NLRB Decisions for July 29, 2013 - Aug. 2, 2013
August 7, 2013 | National Labor Relations Board, Labor Relations
It’s Official: Top Union Lawyer To Be NLRB General Counsel
August 5, 2013 | Unions and Union Membership, Labor Relations
The Fix Is In - Senate Confirms NLRB Nominees
July 30, 2013 | National Labor Relations Board, Labor Relations
BREAKING: Senate Voting on Slate of NLRB Nominations
July 30, 2013 | National Labor Relations Board, Labor Relations
Strike One, Strike Two: The NLRB Knocks Down Another Confidentiality Policy
July 30, 2013 | National Labor Relations Board, Labor Relations
Obama Slides Griffin Over to Vacant GC Slot
July 26, 2013 | National Labor Relations Board, Labor Relations
New Obama NLRB Nominations of Hirozawa, Schiffer and Gaston Pearce Making Progress In The Senate
July 26, 2013 | National Labor Relations Board, Labor Relations
Senate HELP Committee Questions NLRB Nominees
July 25, 2013 | National Labor Relations Board, Labor Relations
CWA President Bashes Senate’s “Nuclear” Compromise
July 18, 2013 | National Labor Relations Board, Labor Relations
Obama's New NLRB Nominees and Noel Canning
July 18, 2013 | National Labor Relations Board, Labor Relations
President Obama Consults with Trumka on New NLRB Nominees
July 17, 2013 | National Labor Relations Board, Labor Relations
NLRB Partners With Justice Department’s Immigration Office
July 10, 2013 | National Labor Relations Board, Labor Relations
Ole! The 6th Circuit Side-Steps the Noel Canning Challenge and Issues Pro-Employer Ruling on "Supervisor" Issue
July 9, 2013 | National Labor Relations Board, Labor Relations
The NLRB Continues to Ignore Noel Canning
July 5, 2013 | National Labor Relations Board, Labor Relations
Under The Radar Case Could Yield Most Significant Labor Law Case of the Last Decade
July 2, 2013 | National Labor Relations Board, Labor Relations
Supreme Court to Review Legality of Union Neutrality Agreement
June 25, 2013 | Unions and Union Membership, Labor Relations
Supreme Court to Hear Recess Appointment Dispute
June 24, 2013 | National Labor Relations Board, Labor Relations
Supreme Court’s AmEx Class Action Waiver Decision Spells Trouble for NLRB
June 21, 2013 | National Labor Relations Board, Labor Relations
Another Loss for the NLRB on Notice Posting Rule
June 17, 2013 | National Labor Relations Board, Labor Relations
Doubling Down – The NLRB Shuns Noel Canning Implications Again
June 12, 2013 | National Labor Relations Board, Labor Relations
Red Cross Confidentiality Policies Fail to Pass Muster with the NLRB
June 10, 2013 | National Labor Relations Board, Labor Relations
Associate in Small Law Firm Meets NLRA Definition of Supervisor
June 6, 2013 | National Labor Relations Board, Labor Relations
The Right-to-Work Discussion Carries On in the Seventh Circuit and the Ohio Statehouse
June 5, 2013 | National Labor Relations Board, Labor Relations
Senate Committee Approves NLRB Nominees for Confirmation Vote
May 23, 2013 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions - May 6-10, 2013
May 20, 2013 | National Labor Relations Board, Labor Relations
Third Circuit Follows D.C. Circuit on Noel Canning, Holds Becker Recess Appointment Invalid
May 16, 2013 | National Labor Relations Board, Labor Relations
An Extension of Noel Canning? Becker Appointment in Jeopardy too
May 8, 2013 | National Labor Relations Board, Labor Relations
Noel Canning be damned: NLRB holds D.C. Circuit Decision Does Not Require Complaint Dismissal
May 8, 2013 | National Labor Relations Board, Labor Relations
NLRB Suffers 2nd Major Defeat As D.C. Circuit Invalidates Posting Rule
May 7, 2013 | National Labor Relations Board, Labor Relations
D.C. Circuit Calls Out NLRB For “Interpretive Leap”
May 6, 2013 | National Labor Relations Board, Labor Relations
A Weekly Summary of NLRB Decisions for April 22-26, 2013
May 6, 2013 | National Labor Relations Board, Labor Relations
Department of Justice Files Writ of Certiorari with U.S. Supreme Court in Noel-Canning Case
May 1, 2013 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions for April 8-12, 2013
April 19, 2013 | National Labor Relations Board, Labor Relations
Back to the Full Complement?
April 10, 2013 | National Labor Relations Board, Labor Relations
Court Overturns NLRB Decision in Stella D’Oro Biscuit Co. v. NLRB
April 1, 2013 | National Labor Relations Board, Labor Relations
House Introduces Bill
March 14, 2013 | National Labor Relations Board, Labor Relations
NLRB Bypasses DC Circuit Rehearing and Intends to Proceed to Supreme Court
March 14, 2013 | National Labor Relations Board, Labor Relations
NLRB Lightens Grip on At-Will Language
March 12, 2013 | National Labor Relations Board, Labor Relations
Cease and Desist?
March 1, 2013 | National Labor Relations Board, Labor Relations
AFL-CIO Demands Fully Staffed NLRB
February 28, 2013 | Labor Relations
Noel Canning Delays Review of “Ambush” Election Rules
February 22, 2013 | National Labor Relations Board, Labor Relations
NLRB General Counsel Issues Guidance on Calculating Backpay under Latino Express
February 21, 2013 | National Labor Relations Board, Labor Relations
If At First You Don't Succeed: Obama Renominates Recess Appointments
February 14, 2013 | National Labor Relations Board, Labor Relations
Should Obama's NLRB Appointees Resign?
February 1, 2013 | National Labor Relations Board, Labor Relations
D.C. Circuit Holds NLRB Recess Appointments Invalid
January 25, 2013 | National Labor Relations Board, Labor Relations
New York Times Examines NLRB Social Media Rulings
January 23, 2013 | National Labor Relations Board, Labor Relations
NLRB Now Permits Front Pay in Lieu of Reinstatement in Board Settlements
January 14, 2013 | National Labor Relations Board, Labor Relations
2013: Will NLRB Have Its Bobby Ewing Moment?
January 9, 2013 | National Labor Relations Board, Labor Relations
Our Top 10 Labor Law Events of 2012
December 31, 2012 | National Labor Relations Board, Labor Relations
Federal Judge Refuses to Change His Decision Invalidating the Ambush Election Rules
July 30, 2012 | Federal Laws and Legislation, National Labor Relations Board, Labor Relations
NLRB Asks D.C. District Court to Reconsider Decision Invalidating “Ambush” Election Rules
June 13, 2012 | National Labor Relations Board, Labor Relations
NLRB Suspends Implementation of Ambush Election Rules
May 15, 2012 | National Labor Relations Board, Labor Relations
D.C. District Court Throws Out Ambush Election Rules, Finds Board Lacked Quorum
May 14, 2012 | National Labor Relations Board, Labor Relations
NLRB Quickie Election Rules Under Attack
February 8, 2012 | National Labor Relations Board, Labor Relations
RELATED PRACTICE AREAS
Subscribe
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.
View Subscription Center
