Employment Law Spotlight

Employment Law Spotlight

Providing Developments & Insight on Trending Topics in Employment Law

Category Archives: NLRB

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NLRB to McDonald’s: Not Lovin’ It

Posted in Hospitality Industry, NLRB, Restaurants
In a breathtaking announcement issued on July 29, 2014, the Office of the General Counsel of the National Labor Relations Board has authorized the issuance of complaints against McDonald’s USC, LLC in at least 43 unfair labor practice charge proceedings where the legal employer is not McDonald’s but a McDonald’s franchisee. The pending unfair labor … Continue Reading

United States Supreme Court Strikes Down President Obama’s Recess Appointments to the National Labor Relations Board—Hundreds of NLRB Decisions Invalidated

Posted in NLRB
In its much anticipated decision in National Labor Relations Board v. Noel Canning, 573 U.S. __ (2014), the Supreme Court of the United States has unanimously struck down President Obama’s recess appointments of Sharon Block, Richard Griffin, and Terence Flynn to the National Labor Relations Board (“NLRB” or “Board”) as unconstitutional. Accordingly, the Board was … Continue Reading

Can Employees Really Arm Themselves with Recording Devices as They Go About Their Daily Work?

Posted in NLRB
The Progression of Cases Involving Handbook Rules Continues Unabated— Over the last months, we have traced the Board’s and Administrative Law Judges’ rulings on the legality of handbook rules and conduct in the workplace. We have learned that an employer will often have a better opportunity of winning in a casino than under the National … Continue Reading

Unlawful Policy = Unlawful Termination? The NLRB’s Latest Pronouncement

Posted in NLRB
The NLRB recently issued its decision in Flex Frac Logistics, LLC, Case 16-CA-02978, which the NLRB had remanded to the administrative law judge (“ALJ”) for further analysis after finding that the employer maintained an overly broad confidentiality rule.  The specific question remanded to the ALJ was whether the employer’s decision to terminate an employee for … Continue Reading

The NLRB Battle Continues Against Even the Most Basic of Employee Rules

Posted in NLRB
The war on reason being waged by the National Labor Relations Board and its Administrative Law Judges against primarily non-union employers continues. From the decisions appearing almost weekly, it seems that a design exists to create absolute chaos in the non-union workplace.  Rules that are commonplace in the unionized sector are being declared verboten for being … Continue Reading

Employers Beware! The NLRB Onslaught Continues

Posted in NLRB, Social Media
On April 22, 2014, National Labor Relations Board Administrative Law Judge David I. Goldman issued a decision in The Kroger Co. of Michigan, Case No. 07-CA-098566, which reinforces that employers, both unionized and non-, are increasingly being left without guidance as to what exactly will be deemed a violation of the National Labor Relations Act. … Continue Reading

The National Labor Relations Board Continues Its Full-Frontal Attack on Employers’ Rules of Conduct

Posted in NLRB
The National Labor Relations Board continues its full-frontal attack on reasonable rules of conduct promulgated by employers in two recent cases issued at the beginning of April. In Hills and Dales General Hospital, 360 NLRB No. 70 (April, 1, 2014), the Board dealt with a challenge to the facial validity of three paragraphs in the … Continue Reading

ALERT! Regional Director to Northwestern Football Players: Go Forth and Vote!

Posted in NLRB
An NLRB Regional Director has decided that Northwestern University football players who collect grant-in-aid are employees of the University and an appropriate bargaining unit.  This decision is exceptional, and if it remains in effect, it could have significant implications, and not just in the NLRB arena. To learn more, read here… Continue Reading

D.R. Horton on Steroids: NLRB Invalidates Arbitration Agreement Without Class Waiver

Posted in Arbitration, NLRB
As reported previously here, the National Labor Relations Board (“NLRB” or the “Board”) in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that requiring employees to enter into an arbitration agreement containing a class/collective action waiver violated the National Labor Relations Act (the “Act”) because the class action waiver inhibited employees from engaging in … Continue Reading

Not So Fast, My Friend! Eleventh Circuit Weighs In On NLRB Recess Appointment Issue

Posted in NLRB, Supreme Court
As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the National Labor Relations Board (“Board”) as unconstitutional, placing into question the legitimacy of numerous (mostly pro-union/employee) decisions issued … Continue Reading

Closing Shop: Courts Look to Rein in the NLRB

Posted in NLRB
Over the past several years, the National Labor Relations Board (“NLRB” or “Board”) has engaged in an aggressive campaign to extend its reach into non-union workplaces with the goal of facilitating unionization.  In areas such as social media, employee confidentiality as to company investigations, and waivers of class arbitrations, the Board has attempted to expand … Continue Reading