Tag Archives: Labor and Employment

NLRB Gifts Employees Expansive Remedies in Time for the Holiday Season

By Pat Muldowney and Nailah Bowen on December 19, 2022 Posted in NLRB

“You get more remedies! You get more remedies! Everybody gets more remedies!” Employers found to have committed an unfair labor practice (ULP) now may be required to compensate employees for interest and late fees on credit cards, penalties for early withdrawals from retirement accounts, out-of-pocket medical expenses, and other costs incurred to make ends meet. … Continue Reading

NLRB Upholds Employers’ Right to Restrict Employees’ Email Use for Union Organizing – for Now

By Pat Muldowney and Erin Sales on October 11, 2022 Posted in NLRB

The issue of whether an employer can ban its employees from using the company email system for union organizing has been the subject of heated litigation before the National Labor Relations Board (NLRB or Board). Since its 2007 decision in Register Guard, 351 NLRB 1110, the Board has vacillated between finding that such bans unlawfully … Continue Reading

Third Circuit Tells the NLRB to Lighten Up and Take a Joke

By Todd Dawson and Michael Parente on May 24, 2022 Posted in NLRB

The U.S. Court of Appeals for the Third Circuit has found that Ben Domenech, executive officer and publisher of the right-leaning media company The Federalist, did not threaten employees when he tweeted that he would send them “back to the salt mine” if they unionized, in FDRLST Media LLC v. NLRB, Case No. 20-3434. Domenech’s … Continue Reading

Stacking the Deck: NLRB General Counsel Seeks Union-Friendly Labor Law Reform in Card Check Recognition Procedure

By Christian White and Carlos Torrejon on May 11, 2022 Posted in NLRB

In what can only be viewed as tilting the odds in favor of organized labor, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo recently filed a brief with the five-member, Democratic-controlled Board in a case pending on appeal – Cemex Construction Materials Pacific, LLC – to request the reinstatement of the Joy Silk doctrine. … Continue Reading

The Times Are A-Changing for Employer Handbooks … Soon

By Christian White, Todd Dawson and Carlos Torrejon on March 14, 2022 Posted in NLRB

As we previously reported, the National Labor Relations Board (the Board) invited public comment in January on whether it should overrule its current standard for determining the lawfulness of employee handbook policies and work rules. That standard – which applies in both union and nonunion workplaces – was adopted by the Board during the Trump … Continue Reading

Staying the Course … for Now

By Todd Dawson and Christian White on March 3, 2022 Posted in NLRB

National Labor Relations Board Confirms Presumption that Single-Store Units Are Appropriate The National Labor Relations Board (Board) recently confirmed that single-store bargaining units are presumed to be appropriate. Starbucks Corp., 371 N.L.R.B. No. 71 (Feb. 23, 2022). The union involved in the case petitioned to represent a unit of Starbucks employees who worked at a … Continue Reading

The NLRB Signals It Is Time To Review Employee Handbooks – Again

By Christian White and Carlos Torrejon on January 31, 2022 Posted in FTC, NLRA, NLRB

“I’ll be back,” as famously stated by Arnold Schwarzenegger in “The Terminator,” likely applies to the National Labor Relations Board’s (NLRB) prior, less-employer-friendly test for examining workplace policies and procedures. Earlier this month, the NLRB invited public briefing on whether it should adopt a new legal standard when evaluating the lawfulness of employer rules. In … Continue Reading