Category Archives: NLRB

Striking New Ground: Union Files NLRB Charges Against Company Even Though It Doesn’t Employ Affected Workers

A fast-growing, socially conscious new economy startup would hardly seem a likely target for an intensive battle with organized labor, especially when the company has built a solid reputation for paying above-market wages and benefits. But today’s labor environment is … Continue reading

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Employers Await Clarification On Joint Employment Standards Following NLRB Shift

The National Labor Relations Board’s (NLRB) recent ruling in Browning-Ferris Industries of California, et al., Case 32-RC-1009684 (August 27, 2015), has raised concerns among employers for its apparent shift in position regarding the standard for assessing joint employer status under … Continue reading

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NLRB Ruling Extends Employee Rights for Section 7 Activities to Encompass Company Email Systems

In a decision dated December 11, 2014, the National Labor Relations Board ruled that an employee’s rights under Section 7 of the National Labor Relations Act now extend, in most cases, to the use of company email systems. Section 7 … Continue reading

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Franchise Employees Sue McDonalds USA, LCC

McDonalds USA, LLC is again under fire for the alleged actions of its franchisees.  A little more than a month as passed since the National Labor Relations Board filed complaints against McDonalds as a putative joint employer allegedly involved in … Continue reading

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NLRB Moves Forward Against McDonalds As Alleged Joint Employer

The National Labor Relations Board has issued 13 complaints against several McDonalds franchisees and the franchisor, McDonalds USA, LLC as joint employers.  The Board issued a fact sheet summarizing the reason for the complaints along with a link to a … Continue reading

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Can You Fire An Employee for A Facebook “Like”?

On August 22, a three-member panel of the National Labor Relations Board (NLRB) concluded that the Triple Play Sports Bar and Grille violated Section 8(a)(1) of the National Labor Relations Act (the Act) when two employees were terminated for participating in … Continue reading

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NLRB Changes Scope Of Unit In Retail Setting

In a recent decision, the National Labor Relations Board (“NLRB”) found that a department within a retail store could be considered a single collective bargaining unit.  In a Board-level review, the National Labor Relations Board considered an appeal of an … Continue reading

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USC Hospital Finally Pays Employees Monetary Losses From Unlawful Policy Change

Keck Hospital of USC recently agreed to fully comply with an earlier National Labor Relations Board decision that required the Hospital to pay the employees affected by the Hospital’s unilateral changes to the terms and conditions of employment.

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NLRB Will Not Pursue Appeal of Decisions Invalidating Notice Requirement

On January 6, 2014, the National Labor Relations Board (“NLRB”) announced in a news release that it will not seek U.S. Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have … Continue reading

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NLRB Decision Permits Employer Policy That Banned Workplace Recordings

In a recent decision by an Administrative Law Judge for the National Labor Relations Board, an employer’s no-recording policy was upheld as not violating the rights of employees to engage in protected concerted activity under the National Labor Relations Act … Continue reading

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NLRB Notice Rule Struck Down By DC Circuit

Employers don’t need to worry about getting the NLRB posters up (for now at least), says the U.S. Court of Appeals for the D.C. Circuit.  More after the break.

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NLRB Guidance On Confidentiality Of Workplace Investigations

The National Labor Relations Board’s Office of General Counsel recently released a memorandum providing additional guidance on the confidentiality of internal workplace investigations.  More after the break.

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D.C. Circuit Rules That Obama Recess NLRB Appointments Were Invalid

The U.S. Court of Appeals for the D.C. Circuit ruled today in Canning v. NLRB that the attempted recess appointments of NLRB Board Members by President Obama were invalid under the Constitution.  The Washington Business Journal has a report here.  … Continue reading

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NLRB Holds That Blanket Policy Prohibiting Employees From Discussing Ongoing Investigations May Unlawfully Restrain Section 7 Rights

In Banner Health Systems d/b/a Banner Estrella Medical Center and James A. Navarro, 358 NLRB No. 93 (July 30, 2012), the National Labor Relations Board (“NLRB”) held that an employer’s policy requiring employees to maintain confidentiality regarding workplace investigations may … Continue reading

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Hostess Brands Will Liquidate Company Due To Strike

Hostress Brands has announced that it will liquidate the company and lay off its 18,500 employees as the result of a strike by its union workers.  The brands will be auctioned off and likely survive, but the jobs will not.

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