Tag Archives: NLRB

United States Supreme Court to Hear Appeal of NLRB Recess Appointment Decision

The United States Supreme Court announced today that it would hear the National Labor Relations Board’s appeal of the D.C. Circuit Court’s ruling that President Obama’s recess appointments to the NLRB were unconstitutional.  As we reported at the end of … Continue reading

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A Triumph for Employers: D.C. Circuit Court of Appeals Strikes Down NLRB Poster Rule

On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) invalidated the National Labor Relations Board (“Board”) August 2011 rule requiring all employers subject to the National Labor Relations Act (“NLRA”) to … Continue reading

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The NLRB and Preserving Confidentiality in Workplace Investigations

The National Labor Relations Board’s (NLRB) reach into the non-union workplace has forced employers to consider revising numerous policies.  One of these policies involves confidentiality in workplace investigations.  In Banner Health Systems v. Navarro, the NLRB found that a blanket … Continue reading

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Another NLRB Loss For Employers

Social media has become a thorn in the side of many employers and after viewing unsavory Facebook dialogue by employees, directed at the employer or the employees’ working conditions, employers all too often decide those employees should be fired. Recently, … Continue reading

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NLRB Scrutinizing Non-Disclosure and Non-Disparagement Provisions

It is a common practice for employers to require that employees sign agreements containing non-disclosure and non-disparagement provisions as a condition of employment to protect confidential and proprietary information and to protect the company’s reputation.  Recently, a NLRB Administrative Law … Continue reading

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Federal Appeals Court Ruling Calls Recent NLRB Decisions into Question

What if the decisions of the NLRB over the last year were suddenly deemed invalid?  While seemingly unlikely, a federal appeals court ruled last Friday that President Obama’s recess appointments, which date back to January 2012, were unconstitutional.  In Canning … Continue reading

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BRRRR- BABY IT’S COLD OUTSIDE

Yet another potentially “chilling” effect. Quicken Loans, Inc.’s mortgage bankers are required to sign an employment agreement containing provisions prohibiting  them from disclosing non-public information regarding the company’s business or personnel to any person, business or entity. This includes information … Continue reading

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NLRB Finds Discharge for Facebook Posting Lawful

The National Labor Relations Board (“NLRB” or “the Board”) issued its first decision involving discharge for Facebook postings on September 28, 2012, which was made public yesterday.  In this case, the Board affirmed the administrative judge’s ruling that the employer’s … Continue reading

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NLRB Now Takes Aim at Employment-At-Will Disclaimers: What’s Next?

Over the past several months, there have been various National Labor Relations Board (“NLRB”) decisions and/or reports affecting relatively common employment practices such as employer promulgated social media policies, advising employees to maintain confidentiality regarding interviews relative to internal investigations … Continue reading

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New NLRB Election Rules Will Go into Effect April 30, 2012

In just one month, the National Labor Relations Board’s (NLRB) new election rules will go into effect. What will this mean for your business? Two things: (1) elections will proceed quicker than ever before; and (2) you will have fewer … Continue reading

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