Labor and Employment Law

Recent Posts

Lareau on NLRB Decision in New York New York
Posted on 19 Apr 2011 by Peter Lareau

In 2001, the NLRB held that a hotel/casino had violated the NLRA by refusing to allow Ark's off-duty employees to handbill the hotel's customers at the entrance to the hotel and at the entrances to Ark's restaurants. In March 2011, the... Read More

Employers Might Not “Like” This Protected Concerted Activity Decision
Posted on 26 Oct 2015 by Jon Hyman

Does the National Labor Relations Act protect the mere act of an employee clicking the “Like” button on Facebook? According to Triple D, LLC v. NLRB (2nd Cir. 10/21/15) [pdf] , the answer is yes [subscribers can access an enhanced version... Read More

U.S. Senators File Brief Seeking to Invalidate the President's Recess Appointments to NLRB
Posted on 5 Oct 2012 by Edwin Hopson

On September 26, 2012, U.S. Senate Minority Leader, Mitch McConnell, announced that he and 41 other Senators had filed an amicus curiae brief in the U.S. Court of Appeals for the District of Columbia in Noel Canning v. NLRB , Nos. 12-1115, 12-1153, challenging... Read More

The Reach of the NLRA
Posted on 25 Nov 2013 by John Holmquist

With a confirmed five member Board and a confirmed General Counsel, employers need to be aware that the oversight and review of personnel policies and employee handbooks which began under the prior Board will continue in earnest. At the ABA Labor and... Read More

Tags: NLRA

NLRA, NLRB: Anticipated increased activity and requirements by the Board.
Posted on 3 Jan 2011 by Robert A. Martin

Anticipate a requirement by the National Labor Relations Board that employers post a notice about rights of employees, unionized or not, to discuss working conditions, pay, benefits unionization, safety, etc. These are not new rights, but apparently the... Read More

McNees Wallace & Nurick: The National Labor Relations Board 2011 Year in Review
Posted on 26 Mar 2012 by McNees Wallace & Nurick LLC

An Overview of the Board's Significant Decisions and Other Actions By Bruce D. Bagley, Esq . and Adam L. Santucci, Esq. Introduction By all accounts, 2011 was a busy year for the National Labor Relations Board ("Board"). In... Read More

Is the NLRB In Need of a Dictionary?
Posted on 31 Aug 2012 by Margaret (Molly) DiBianca

A recent decision by the NLRB has many employers (and their lawyers) up in arms. It has left me wondering whether maybe the Board needs a dictionary. In Banner Health Systems , 358 NLRB 93 (2012), the Board held that an employer's instruction to... Read More

Federal Court Rejects NLRB Challenge to State "Secret Ballot" Law
Posted on 12 Sep 2012 by Edwin Hopson

On September 5, 2012, U.S. District Court Judge Frederick J. Martone ruled that an Arizona state constitutional amendment addressing how employees choose a union was not on its face preempted by the National Labor Relations Act. The NLRB had filed suit... Read More

Abbey Spanier: NLRB Finds Class Action Litigation Protected Activity Under NLRA
Posted on 20 Jan 2012 by Abbey Spanier

by Jeremy Nash The National Labor Relation Board's (NLRB) recent ruling in D.R. Horton Inc. answered an important question presented by the U.S. Supreme Court's ruling last Spring in AT&T Mobility LLC v. Concepcion : does federal policy... Read More

New NLRB Memo on Employee Handbooks
Posted on 20 Mar 2015 by Philip Miles

The NLRB General Counsel issued a new memo: Report of the General Counsel Concerning Employer Rules . The overall theme is that employers may violate the National Labor Relations Act (NLRA) by merely maintaining a workplace rule that chills protected... Read More

House Passes Bill to Prevent NLRB From Ordering Relocation of Work
Posted on 16 Sep 2011 by Edwin Hopson

On July 19, 2011, in response to the NLRB's issuance of complaint against Boeing arising out of Boeing's decision to build a number of its new 787 Dreamliners in a non-union plant in South Carolina, a bill entitled The Protecting Jobs From Government... Read More

NLRB Abandons Fight Over Mandatory Workplace Poster Rule
Posted on 22 Jan 2014 by Sheppard Mullin

by Christopher Collins and Ryan Duffy For over two years, the National Labor Relations Board (the “Board”) fought to require employers to post in their workplaces a notice of employee rights under the National Labor Relations Act (“NLRA”... Read More

U.S. Chamber of Commerce Files Suit to Block The NLRB's New Notice Posting Rule
Posted on 21 Sep 2011 by Edwin Hopson

According to a press release issued by the U.S. Chamber of Commerce, it and the South Carolina Chamber of Commerce, on September 20, 2011, filed a lawsuit against the National Labor Relations Board (NLRB) challenging the NLRB's new rule requiring... Read More

The Worst Idea Ever? “Unionism” as a Protected Class
Posted on 6 Mar 2012 by Jon Hyman

Last year I wrote a post entitled The Employer's Bill of Rights . It remains one of the most read and most commented-upon posts in the five-year history of this blog. In that post, I argued that employers need certain protections from the litany... Read More

Lareau on NLRB Decision in New York New York
Posted on 19 Apr 2011 by Peter Lareau

In 2001, the NLRB held that a hotel/casino had violated the NLRA by refusing to allow Ark's off-duty employees to handbill the hotel's customers at the entrance to the hotel and at the entrances to Ark's restaurants. In March 2011, the NLRB... Read More