In two recent decisions out of the D.C. Circuit Court of Appeals, the court reversed the National Labor Relations Board (NLRB or Board), finding that Board’s conclusion that the employers engaged in unfair labor practices in each case ignored simple realities, and instead restored the common sense balance between employees’ and employers’ rights with respect … Continue Reading
A three-member majority of the National Labor Relations Board on October 28 reaffirmed employees’ right to bring class and collective action claims [pdf]. In a case against Murphy Oil USA, the Board stood by its earlier decision in D.R. Horton, Inc. [pdf] in which it ruled that requiring employees to waive their right to bring class and … Continue Reading
On August 21, 2014, the National Labor Relations Board (NLRB) issued a decision that broadens the line to which potentially disloyal actions by employees will be treated as protected activity. In MikLin Enterprises, Inc. dba Jimmy John’s and Industrial Workers of the World [pdf], the NLRB ruled that posters and press releases alleging that Jimmy John’s … Continue Reading
In a highly anticipated decision, the Fifth Circuit Court of Appeals declined to enforce the key portion of the National Labor Relations Board’s (NLRB) decision in D.R. Horton, Inc. In January 2012, the NLRB ruled that an arbitration agreement between an employer and an employee that required the employee to bring any claims against the … Continue Reading
This summer the National Labor Relations Board (NLRB) has taken the position that commonly used at‑will employment disclaimers could be a violation of the National Labor Relations Act (NLRA). Section 7 of the NLRA guarantees employees the right to engage in “concerted activities for the purposes of collective bargaining or other mutual aid or protection.” The … Continue Reading
As reported earlier this year, labor and employment lawyers and human resource personnel look to new decisions to help shed light on one of the fastest growing issues for employers—managing employee use of social media. Earlier this month, the NLRB Acting General Counsel Lafe Solomon issued a report concerning nine recent cases that the agency … Continue Reading
