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The Purple Standard

In early August, the National Labor Relations Board announced that it was considering whether to deviate from the precedent of 2014’s Purple Communications, Inc. decision. To that end, the Board invited interested parties to submit amicus briefs on wheth…
exercise of rights under Section 7 of the NLRA. Now

Complying with the National Labor Relations Act

For employers, the most challenging aspect of complying with the National Labor Relations Act is the likelihood that National Labor Relations Board policy can change drastically over short periods of time. Over the last decade, the Obama-era NLRB greatly …
reasonably interpret the policy to prohibit NLRAtly to ensure their policies comply with the NLRA

NLRB Issues Advisory Opinion Regarding Handbook Policies

The National Labor Relations Board recently issued an Advisory Opinion regarding common Employee Handbook polices. The Advisory marks a change in NLRB interpretation of common handbook policies.
in The Boeing Company case. Section 8 of the NLRA governs employee rights to engage in concert…uld find that a handbook policy violated the NLRA if it had a

Employee Performance Reviews

There’s no requirement to conduct employee performance reviews, but employers can benefit from annual employee reviews if they are properly conducted. An employer can expect to see an increase in efficiency and productivity. The employer should see thei…

First Amendment Protections: What Do They Cover?

Following the tragic events in Charlottesville last week, there has been a deluge of news stories about the employment ramifications of individuals’ social media postings, especially as they relate to support for hate groups and related fringe political c…
under the NLRA. Additionally

NLRB Case Declared in Violation of the NLRA

The National Labor Relations Board (NLRB) recently published a ruling on a 28 year old case that has important ramifications for businesses with unionized employees. In Teamsters Local 75, affiliated with the International Brotherhood of Teamsters, AFL-C…
NLRA ruled that the Teamsters Local violated the NLRA by failing to provide the objectors with ade

NLRB Clarifies that Internal Union Discipline can Violate NLRA

The National Labor Relations Board (“NLRB’) recently ruled that internal union discipline that resulted from a member’s Facebook post violated the National Labor Relations Act (“NLRA”).
NLRA activity that it deems to have violated the NLRA. If you have any questions regarding the

NLRB Finds Employer's Request that Employee Remove Tweets to Be In Violation of the NLRA

In the matter of Chipotle Services, LLC, the National Labor Relations Board found that Chipotle's request that an employee remove tweets that Chipotle viewed as in violation of it's Social Media Code of Conduct were a violation of the National Labor Relat…
e rights of employees under Section 7 of the NLRA. If you have any questions regarding your

City Hall Black Lives Matter Banner Raises Labor Law Issue

On January 18, 2016, a “Black Lives Matter” banner was hung on Northampton City Hall in honor of Martin Luther King Jr. Day. As local residents may know, the banner has since caused a controversy in the city, as it is perceived by some as spreading an an…
NLRAns are.  If you have any questions about the NLRA

NLRB Leaves Open Question Whether Scholarship Football Players are "Employees"

On August 17, 2015, the National Labor Relations Board ("NLRB") issued a unanimous decision declining to exercise jurisdiction over a case brought by Northwestern University's scholarship football players seeking to unionize. The decision reviewed the Ch…
NLRArsities not subject to the provisions of the NLRA or the jurisdiction of the NLRB.  The NLRB l… for purposes of the NLRA

NLRB’s Office of General Counsel Issues Guidance on Employment Policies

The National Labor Relations Board’s (NLRB) Office of General Counsel has released a report offering guidance to employers on how to draft employment policies without running afoul of employees’ rights to engage in protected concerted activity under the N…
NLRAan otherwise neutral policy unlawful. The NLRA generally prohibits employers from interferi…mployees or third parties.  In enforcing the NLRA where all employers can run afoul of the NLRA regardless of whether their workforces are u

NLRB Continues to Expand Definition of Concerted Activity

The National Labor Relations Act prohibits employers from constricting protected concerted activity by their employees. The NLRB website states that “concerted activity” is when two or more employees take action for their mutual aid or protection regardin…

NLRB Holds Employer’s Distribution and Solicitation Policy Violates the National Labor Relations Act

In its latest decision aimed at scrutinizing employers’ workplace rules, the National Labor Relations Board found the distribution and solicitation policy of one employer unlawfully restricted employees Section 7 rights to unionize free from employer inte…
revising policies that may run afoul of the NLRA in light of decisions like this one. If y

President Obama Signs Fair Pay and Safe Workplaces Executive Order

Last week, President Obama signed the “Fair Pay and Safe Workplaces Executive Order,” which requires prospective federal contractors seeking contracts over $500,000 to disclose any labor and employment law violations within the past three years including …

Back to Square One at the NLRB

The National Labor Relations Board (NLRB) is left wondering what is going to happen after the Supreme Court invalidated three appointments by President Obama. On January 4, 2012, President Obama made three NLRB member recess appointments. The United St…

How to Survive Scrutiny of Social-media Policies

Does your company have a provision in its employee handbook that prohibits employees from publicly posting content on social-media sites that damages or defames your company or your employees? If you do, it is important to know how to tailor such a policy…

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