How the NLRB’s Recent Decisions Can Affect All Employers

Decisions by the National Labor Relations Board (NLRB) are often thought of in the context of unions, but the NLRB’s decisions can affect all employers because of the federal law it enforces. Recently, the NLRB issued several decisions that reversed or significantly changed its stance on employer policies and work rules, the makeup of bargaining […]


More probusiness NLRB on the way as Emanuel wins confirmation

by Tammy Binford As William Emanuel takes a seat on the National Labor Relations Board (NLRB), employers will see the panel going in a more probusiness and less union-friendly direction, Board watchers say, but it will take a while before cases come up to roll back recent decisions. Emanuel, an attorney representing management in labor […]


Have It Your Way: 8th Circuit Court Sides with Labor Organizer

The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently enforced a National Labor Relations Board (NLRB) order that found a Burger King franchisee violated the National Labor Relations Act (NLRA) by declining to hire an employee for having engaged in protected labor activity.

Nondisclosure Agreement

NLRA: Court Affirms Confidentiality Agreement Is Unlawful

Although confidentiality agreements that prohibit employees from discussing their salaries, benefits, or internal disciplinary investigations with other employees may sound reasonable, such policies generally violate federal labor law. A recent decision by the D.C. Circuit Court of Appeals affirmed that a Phoenix hospital’s confidentiality agreement was unlawfully restrictive of employees’ Section 7 rights under the […]


NLRA and NLRB 101

The National Labor Relations Act (NLRA) is the primary piece of legislation that protects employee rights to collectively discuss working conditions and to work together to negotiate for changes when needed. These rights are enforced by the National Labor Relations Board (NLRB).


Columbia University decision latest NLRB victory for unions

The National Labor Relations Board’s (NLRB) ruling that graduate student assistants at private colleges and universities are entitled to unionize is the latest Board action seen as a boon to union interests. In a 3-1 decision issued on August 23, the Board ruled that graduate assistants at Columbia University are employees as well as students […]


Ask the Expert: Can I Stop Employees from Talking about Compensation?

Can I stop employees from talking about compensation with each other-e.g., discussing how much they are paid? Prohibiting employee discussions about compensation is likely to violate the National Labor Relations Act (NLRA), a federal law that protects both unionized and nonunionized employees.  Information about the law is available on HR.BLR under the topics Unions and […]


Ask the Expert: Can We Require Bonus Pay Confidentiality?

Is there any concern with stating in a national bonus plan that “plan participation and incentive awards are considered personal and confidential” given some state legislation that employees can talk about their pay openly?


Exercise Aniston-esque restraint when analyzing offensive employee posts

by Ed Carlstedt This week’s employment law lesson comes to us from the movie Horrible Bosses. In the movie, Julia (played by Jennifer Aniston) is a dentist who employs dental assistant Dale (played by Charlie Day). After Julia uses her boss status to torture and torment Dale for most of the movie, Dale finally records […]