Tag: National Labor Relations Board

Top 10 Noncompete Law Developments of the Past Year

Lawmakers and courts continued to demonstrate hostility toward noncompete and no-hire agreements in 2021. The activity underscores employers’ need to stay current on the diverse state-specific limitations governing restrictive covenants, new federal activity in the area, and ongoing case law developments.

New NLRB General Counsel Identifies Possible Changes

Those of you who have watched the National Labor Relations Board (NLRB)—the nation’s primary enforcer of labor law—over the years no doubt expect it to reshuffle its priorities when the White House changes parties. The Board swore in Jennifer Abruzzo as its new general counsel (GC) on July 22, 2021, and three weeks later, she […]


7th Circuit Holds Winery Violated NLRA Over ‘Cellar Lives Matter’ Slogan

The 7th Circuit recently upheld a decision from the National Labor Relations Board (NLRB) in a case involving Woodbridge Winery. The ruling cemented employees’ right to display a pro-union message on their clothing, despite the employer’s actions to remove the messaging from the workplace. The National Labor Relations Act (NLRA) protects an employee’s right to […]

NLRB General Counsel issues guidance on lawful handbook policies

by Lisa Berg Nonunion employers often believe they don’t have to worry about decisions from the National Labor Relations Board (NLRB). Well, think again! On March 15, 2015, NLRB General Counsel Richard F. Griffin issued a 30-page memo (Memorandum GC 15-04) that provides guidance on handbook policies the NLRB considers unlawful. The memo focuses on […]

Quickie election rules are coming—are your managers and supervisors ready?

by Robert M. Vercruysse In February 2014, the National Labor Relations Board (NLRB) once again announced that it was going to change the rules for Board-conducted elections. This time, there is a properly appointed five-member NLRB. The Board’s previous attempt to change the election rules failed because the courts held that it didn’t have a […]

Employer Violated NLRA by Firing Workers for Facebook Postings

Clothing retailer Bettie Page must reinstate three terminated employees with back pay and rescind an unlawful handbook rule, said the National Labor Relations Board in affirming a lower court’s finding that the employer violated several provisions of the National Labor Relations Act. The NLRB agreed that the employer violated the NLRA’s prohibition of unfair labor […]

Social Media: HR Should Heed Two Lessons From New NLRB Report

Based on recent case law, when it comes to social media, human resources (HR) professionals need to be mindful of the scope of their policies, as well as the context of employee comments on that platform, according to the National Labor Relations Board (NLRB). On Jan. 24, NLRB Acting General Counsel Lafe Solomon released his […]

Social Media: NLRB Says Employees’ Job Complaints on Facebook Are Protected

An employer violated the National Labor Relations Act (NLRA) by firing five employees who complained on Facebook — off-hours — about their jobs, an administrative law judge for the National Labor Relations Board (NLRB) held. So the employer must do penance by rehiring them and making them whole for any loss of earnings and other […]

2010 Elections — a Game Changer in Congress

by David S. Fortney and J. Robert Brame Editors, Federal Employment Law Insider The historic 2010 elections for the 112th Congress will significantly alter how Washington operates. The Republicans gained more seats than during any election since 1948, and we now move forward with a politically divided government following two years of Democratic control of […]

For Marijuana Workers’ Union, Hope Sprouts Eternal

by Mark I. Schickman You may have heard that California is going broke. As we look for more ways to generate revenue, one idea keeps cropping up: Move marijuana out of the underground economy and develop a new tax-generating agricultural product. Medical marijuana clubs have sprouted all over the state, and the November general election […]