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When the Law is Unclear, What Employers Should do

Recently, the US Department of Justice filed a brief with the US Supreme Court arguing that federal law does not provide anti-discrimination protections for individuals on the basis of gender identity. The DOJ’s position contradicts the position that the …
the current NLRB General Counsel has publicly signaled that t…he NLRB is considering abandoning the Purple Communi

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…
s use policies to ensure compliance with the NLRB This was particularly important because the NLRB General Counsel… the current composition of the NLRB has overruled the Lutheran Heritage

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 …
era NLRB greatly expanded the definition of protected… when NLRB General Counsel issued a guidance memo which… clarified the NLRBed activity. The 2015 memo signaled that the NLRB interpreted this ruling broadly. Many common

The Machinations of the Grand Bargain

Virtually all members of the Massachusetts business community are aware that new legislation was passed last week, which will have an enormous effect on most businesses. The new legislation, H.4640, was signed into law by Governor Baker on June 28, 2018. …
Fairness Act. Constantly evolving NLRB decisions. Each of these recent laws had sig

Shades of Gray: Free Speech in the Workplace Can Be a Thorny Topic

Recent high-profile issues around free speech in the workplace — from the NFL’s new national-anthem policy to ABC’s blackballing of Roseanne Barr — have elicited much debate in the public square, with the point often made that private-sector employees hav…
  If you have any questions regarding the NLRB or any other aspect of labor and employment

The Art of “Rulemaking” in US Law

It may sounds crazy, but most Americans don’t know where the law comes from. Most people mistakenly assume that all laws are created through legislation. However, American law can be created in numerous different ways.
the NLRB the NLRB  If you have any questions regarding the NLRB

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.
book polices. The Advisory marks a change in NLRB interpretation of common handbook policies. … the NLRB reassessed its standards for when a handbook… the NLRB could find that a handbook policy violated t

Reminder to Review Handbooks as New Laws Become Effective

With two new Massachusetts employment laws going into effect this year, now is a good time for MA employers to look at their Employee Handbooks to see if any revisions may be necessary.
NLRB the NLRB has paid a great deal of attention to social… the NLRB views social media as the modern version of …act and exercise their Section 7 rights. The NLRB will find a social media policy unlawful if

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…
NLRB the NLRB ruled that a Teamsters Local had violated th…way with skirting these requirements. The NLRB ruled that the Teamsters Local violated the

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”).
NLRBe member of employment opportunities. The NLRB ruled that the member…y the post. The ruling clarifies that the NLRB seriously considers business interests in ma

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…
toward the Chipotle Twitter account. The NLRB found that portions of Chipotle

NLRB Says Graduate Students are Employees for Unionization Purposes

The legal landscape changed dramatically this week in academia after the National Labor Relations Board issued a decision granting graduate students the legal right to unionize. This decision means that universities will now be forced to bargain with gra…

Union Gets Second Bite of the Apple Over Technicality

Having to deal with a unionization effort is challenging enough, but having to do it a second time after a narrow success would be truly taxing. Yet, Danbury Hospital is faced with exactly this task. Specifically, Danbury Hospital’s workforce voted …
NLRBThe reason for this development was that the NLRB concluded that the hospital had violated a r…r list. When a petition is filed with the NLRB seeking to form or join a union

Less Is Not More When It Comes to Union Voter Lists

The Regional Director of the National Labor Relations Board ("NLRB") for Region One recently affirmed a Hearing Officer's recommendation for a re-run election after the Danbury Hospital narrowly defeated a unionization effort, by a vote of 346 "for" and 3…
NLRB as required by the NLRBd despite the short deadlines imposed by the NLRBctions.  If you have any questions about the NLRB or the recent changes to its election rules

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…
NLRB for purposes of collective bargaining.  The NLRBsions of the NLRA or the jurisdiction of the NLRB.  The NLRB left open the question whether sc

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…
NLRB the NLRB has traditionally focused on employers with … the NLRB has increasingly turned its attention to emp…whether their workforces are unionized.  The NLRB

An Employment-law Checklist: The New Year Is the Perfect Time for an Audit of Your Practices

As the new year approaches, employers would be wise to include in their resolutions efforts to ensure compliance with the myriad employment laws affecting their business, including those related to sick leave, disability discrimination, sexual harassment,…
NLRB the NLRB issued a decision permitting employees to us

NLRB Decides Employees May Use Company E-mail for Union Organizing

The National Labor Relations Board’s (“NLRB” or the “Board”) trend of scrutiny of employee handbooks continues. The NLRB recently issued a new decision that will significantly impact many employers’ policies or practices related to employee use of e-mail…
NLRBrutiny of employee handbooks continues.  The NLRB recently issued a new decision that will sig… the NLRB found that employees must be permitted to us

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…
d concerted activity by their employees. The NLRB website states that …NLRBting her not to seek further statements. The NLRB determined that this was not the case and th

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…
  The NLRB held that this policy was unlawful because t… the NLRB concurred with the employee… the NLRB found that the …licies and rules in their handbooks.  As the NLRB continues its latest trend of casting a crit

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