Labor and Employment Law

Recent Posts

Second ALJ Decision on Social-Media Policies Under the NLRA
Posted on 13 Apr 2012 by Margaret (Molly) DiBianca

The lawfulness of employer's social-media policies under the National Labor Relations Act (NLRA) continues to be a hot topic. Although the position of the National Labor Relations Board (NLRB) continues to be hostile towards these policies. And... Read More

Bargaining about Decisions to Subcontract
Posted on 27 May 2011 by Peter Lareau

N. Peter Lareau uses O.G.S. Technologies, Inc., as a vehicle for examining Board and judicial precedent about an employer's obligation to bargain over a decision to subcontract work currently performed by employees represented by a labor organization... Read More

DC Circuit Invalidates NLRB Notice Rule on Free Speech Grounds
Posted on 10 May 2013 by Barran Liebman LLP

On May 7, 2013, the United States Court of Appeals for the District of Columbia struck down the National Labor Review Board's ("NLRB") notice rule, which requires employers under its jurisdiction to display posters notifying employees... Read More

NLRB Publishes Final Rule on Mandatory Posting of Labor Rights
Posted on 25 Aug 2011 by Jon Hyman

Last December , the NLRB proposed a rule requiring employers to post notices informing their employees of their rights as employees under the National Labor Relations Act. This morning, the NLRB published its Final Rule [pdf] mandating this posting... 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... Read More

U.S. Chamber of Commerce Challenges Legality of NLRB Recess Appointments
Posted on 20 Mar 2012 by Edwin Hopson

On March 15, 2012, the U.S. Chamber of Commerce and the Coalition for a Democratic Workplace (CDW) filed a motion to intervene with the U.S. Court of Appeals for the D.C. Circuit in Noel Canning v. National Labor Relations Board , Case No. 12-1115... Read More

NLRB Election Rule Held Invalid
Posted on 15 May 2012 by Philip Miles

Another day, another NLRB development. April 30, 2012 was supposed to be a big day for the NLRB. Both the poster rule and the new election rules were to take effect . After some litigation woes, the NLRB put the poster rule on ice . Now, the election... Read More

Is the NLRB backing off its position on social media as protected, concerted activity?
Posted on 10 Jan 2012 by Jon Hyman

A quartet of advice memos released by the NLRB's Office of the General Counsel over the past weeks suggests that the NLRB may be backing of its extreme protections of employee social media posts as protected, concerted activity. In Children's... Read More

U.S. Supreme Court Hears Oral Arguments in NLRB Quorum Appeal
Posted on 14 Jan 2014 by Bajeerah LaCava

WASHINGTON, D.C. — The U.S. president has the power to fill vacancies on the National Labor Relations Board during both inter-session and intra-session recesses, the U.S. solicitor general told the U.S. Supreme Court this morning during arguments... Read More

NLRB continues to attack facially neutral employment policies
Posted on 19 Sep 2012 by Jon Hyman

The NLRB continues its assault on garden-variety employment policies, issuing three decisions over the last 10 days, each of which concluded that facially neutral employment policies violated employees' rights to engage in protected concerted activity... Read More

NLRB Social Media Memo Part IV - Overly Broad Policies
Posted on 11 Oct 2011 by Philip Miles

This post has been a long time coming... but at long last it's the final post in the four-part series on the NLRB's social media memo . This post will address the NLRB's position on (what it views as) overly broad social media policies... Read More

Clear Directives or Clear as Mud?: NLRB’S General Counsel Issues Report on Employer Rules and Policies
Posted on 31 Mar 2015 by Steptoe & Johnson PLLC

by Jana P. Grimm For the last five years, the National Labor Relations Board (NLRB) has been aggressively reviewing and issuing decisions regarding employer rules and policies and whether such rules and policies violate Section 7 of the National Labor... Read More

Business Groups Challenge Constitutionality of NLRB “Ambush” Election Rule
Posted on 28 Jan 2015 by Steptoe & Johnson PLLC

by Jami K. Suver On December 15, 2014, slightly less than three years after the NLRB’s first thwarted attempt, a final rule (the “2014 Final Rule”) reducing the time between the filing of an election petition and holding workplace... Read More

SCOTUS on NLRB Recess Appointments
Posted on 26 Jun 2014 by Philip Miles

At long last, the Supreme Court's opinion in NLRB v. Noel Canning is here ! It's a long opinion and will take some time to analyze, but here's my first take: The Court is unanimous in concluding that Obama's NLRB recess appointments were... Read More

It’s a Little Too Little: Is the NLRB Headed Towards Irrelevance?
Posted on 22 May 2013 by Steptoe & Johnson PLLC

by Todd L. Sarver In my last blog post, which can be found here , I observed that it seemed the NLRB had "jumped the shark" and lost its relevance. I suggested that one way to restore some legitimacy to the NLRB was to appoint true "neutral"... Read More