Tag Archives: NLRB

Employment Agreements Found Unlawful by NLRB

Employers should carefully evaluate their employment agreements with a focus on eliminating provisions that may be unlawful, given a recent National Labor Relations Board (NLRB) ruling. Specifically, DISH Network was ordered on April 13, 2017, to revise or rescind its employment agreements after the NLRB found the agreements contain provisions that violate federal labor law. See … Continue Reading

NLRB Finds Employer’s Workplace Rules Violated Federal Labor Law

Another day and another National Labor Relations Board (NLRB) decision about the legality of employer rules. Once again the NLRB issued an opinion about workplace rules that could be (maybe, possibly, sort of, etc.) construed as interfering with workers exercising their federal labor law rights. As explained below, these type of decisions can transform a weak … Continue Reading

NLRB Agenda Continues to Focus on Non-Union Employee Rights

A recent decision of the National Labor Relations Board provides employers with a reason to carefully evaluate disciplining employees who make negative comments about their company’s products. Specifically, on 3/25/2016, the Eight Circuit Court of Appeals confirmed an NLRB decision that a Jimmy John’s franchisee violated the employee rights of six employees when it fired them. The illegal terminations arose … Continue Reading

Would Yelp Get a Favorable Review from the NLRB for Blog Post Termination?

Last week a former employee working for Yelp’s food delivery unit, Eat 24, was fired for violating the company’s internal “terms of conduct.” The termination came after the customer-service rep, Talia Janes, wrote a critical blog post about her low pay and working conditions in an open letter to Yelp’s CEO. The interesting issue for legal geeks … Continue Reading

Employer Charged with Unfair Labor Practice Because Employee Manual and Agreements Were Unlawful

Two annoyances in life often involve cliches and living out a cliche. This is especially true when the cliche is “shooting yourself in the foot.” But T-Mobile got to experience both last week when the National Labor Relations Board (NLRB) ruled that it engaged in unfair labor policies. The ruling arose out of T-Mobile’s employee … Continue Reading

Employee Manuals Need Spring Cleaning Thanks to the NLRB

Thanks to the National Labor Relations Board (the NLRB), companies need to add employee manuals to the list of things that need spring cleaning. Specifically, the NLRB’s Office of the General Counsel issued a 3/18/2015 report full of examples of how your company’s employee manual likely violates the National Labor Relations Act (NLRA). For background, any … Continue Reading

NLRB Allows Employees to Use Employers’ Email System to Engage in Protected, Concerted Activity

Companies will need to revise their employee email policies following a ruling from the National Labor Relations Board (NLRB) (Purple Communications on December 11, 2014). Specifically, in a 3-2 decision (three Democrats, two Republicans) held that Section 7 of the National Labor Relations Act allows, … employee use of e-mail for statutorily protected communications on … Continue Reading

Recent Ruling by NLRB Means its Probably Time to Update Your Employee Handbook

Most employers understand that an employee manual is a cornerstone of good HR best practices. Unless, however, the National Labor Relations Board (NLRB) says otherwise, which means your company’s employee handbook could be a source of liability. This point was recently illustrated in a recent decision where the NLRB affirmed a finding that DirectTV’s employee policies … Continue Reading

NLRB Finally Delivers Knockout Blow to Broad Employer Social Media Policies

In what has been perhaps the most telegraphed wind-up punch to hit employers in some time, the National Labor Relations Board (NLRB) has finally weighed in on the issue of employer social media policies.  Specifically, on September 7, the NLRB issued its Order striking down Costco Wholesale Corporation’s social media policy and related electronic posting … Continue Reading

The Intersection of Social Media & Employment Law: The Good, the Bad, and the Confusing.

On February 6, 2012 I had the opportunity to speak to human resource professionals about legal issues at the intersection of social media and employment law. This HR group is lead by the B2B Connection and its president Gail Sanderson. A special thanks is also owed to Molly DiBianca over at the Delaware Employment Law Blog for her permission … Continue Reading

NLRB Releases Second Social Media Advisory Report: What It Means for Employers

On January 25, 2012, the National Labor Relations Board’s General Counsel issued a press release that a second report describing social media cases reviewed by the NLRB has been made available. The first NLRB social media report (PDF) was released in August 2011. According to the NLRB’s press release, this second NLRB report (PDF) was needed to address … Continue Reading

Changes for Michigan Employers? New NLRB Appointment for Michigan Regional Office

Yesterday the National Labor Relations Board (NLRB) through Chairman Mark Gaston Pearce and Acting General Counsel Lafe E. Solomon announced the appointment of Terry A. Morgan as Regional Director in the Detroit Regional Office (Region 7) with a satellite office in Grand Rapids, MI.  While the appointment of Ms. Morgan’s appointment is important for Michigan … Continue Reading

Since When are Employee Rants Protected by Federal Law?

  Briefly, under Section 7 of the National Labor Relations Act (NLRA), employees are guaranteed “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection” 29 … Continue Reading
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