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Labor Law

NLRB Ordered To Consider NLRA’s Conflict With Anti-Discrimination Laws

Section 7 of the National Labor Relations Act gives employees “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.”  Section 8(a)(1) of the Act protects […]

NLRB Reverses Course on Legality of Investigation Gag Orders

Employers have a legitimate interest in investigating allegations of employee misconduct.  It seems obvious that a certain amount of confidentiality is required to maintain the integrity of those workplace investigations.  Otherwise, investigations may be hindered.  Parties may be coached or discuss ahead of time what they will say, accusers may openly discuss complaints and try […]

Determining How Rude An Employee Can Be to the Boss

The National Labor Relations Board recently affirmed a decision that an employee’s rudeness and disrespect toward his supervisor (in this case the president of the company) did not necessarily warrant termination if the employee is exercising statutory rights.  Blue Earth Digital Printing, Inc., 31-CA-133542 (2019).  The employee, after a somewhat heated exchange with the employer, […]

NLRB To Review Successor Rule on Bargaining

When a company purchases another company that has a unionized workforce, there are various rules developed by the National Labor Relations Board to decide the status of the union following the purchase.  Generally, the purchaser is not obligated to adopt the Union contract, and it can set whatever rates and benefits it wants for any […]

NLRB Finds Confidentiality and Media Contact Rules Lawful

As you may recall, under President Obama’s National Labor Relations Board, seemingly  innocuous work rules set forth in employee handbooks were routinely struck down as violating Section 7 of the National Labor Relations Act.  The pendulum has swung the other  way under President Trump’s NLRB, as is shown by the Board’s recent decision in LA […]

NLRA Does Not Protect Employee’s Wrongful Access Of Confidential Data

Under the National Labor Relations Act (NLRA), employees have the right to discuss their wages with colleagues.  The NLRA does not give employees who surreptitiously access wage data the right to discuss that information with colleagues, however.  In an advice memorandum released July 16, the National Labor Relations Board’s Office of the General Counsel provides […]

NLRB Restores Independent Contractor Analysis

This past Friday, the National Labor Relations Board, in 3-1 decision, revitalized the importance of “entrepreneurial opportunity” in the analysis of whether a worker is an employee or independent contractor for purposes of the National Labor Relations Act (NLRA).  SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019).  The distinction between employee and independent […]

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 […]