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NLRB’s Office of General Counsel Issues More Advice Memoranda

On September 14, 2018, the NLRB’s Office of General Counsel (OGC) issued a handful of advice memos, several of which are summarized here:

  • The misclassification of employees as independent contractors violates the NLRA because misclassification has and will operate as a restraint on, and interference with, the individuals’ exercise of their Section 7 rights.   Telemundo Television Studios, LLC (June 13, 2017).
  • Just like employees, independent contractors are also protected from retaliation for their testimony in NLRB proceedings.  Menards (Apr. 19, 2018).
  • An employer’s prohibition on audio recordings in the workplace was a facially lawful Category 1 rule under Boeing.  Further, the employee who made and shared the surreptitious recording was not engaged in protected concerted activity under the NLRA because the employee was motivated to protect his/her individual interests and not that of a group of employees.  The employer did not violate the NLRA, therefore, when it terminated the employee for lying about sharing the recording.  Blue Cross Blue Shield of Tennessee, Inc. (Aug. 10, 2018).
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