NLRB

NLRB’s New Joint Employment Standard

E. Jason Tremblay Are You A Joint Employer? Browning-Ferris Industries of California Case and Its Potential Impact By now, most employers are aware of the recent and significant decision from the National Labor Relations Board in Browning-Ferris Industries of California, Inc., 2015 NLRB LEXIS 672 (2015)(“Browning-Ferris”). In that case, the NLRB expanded who qualifies as […]

More Company Handbook Provisions Are Held Invalid According to the NLRB

National Labor Relations Board (NLRB) has taken a very aggressive approach against employers by requiring them to rescind employee handbook provisions that it deems to be unlawful pursuant to the National Labor Relations Act (NLRA).

NLRB General Counsel Provides Guidance on Lawful and Unlawful Employer Rules

E. Jason Tremblay On March 18, 2015, the National Labor Relations Board (“NLRB”) General Counsel, Richard Griffin, issued the “Report of the General Counsel Concerning Employer Rules,” a comprehensive report providing guidance to employers on what the NLRB deems to be lawful and unlawful company handbook provisions and policies. We strongly encourage all employers, union […]

NLRB Weighs in on Employers’ Right to Monitor Workplace Communications

E. Jason Tremblay It has traditionally been understood and recognized that employees do not have an expectation of privacy when using their employer’s computer system and that employers can monitor and control their employees’ emails. However, in light of a recent decision by the National Labor Relations Board (“NLRB”) in Purple Communications, Inc., 361 NLRB […]

Despite recent NLRB action, union membership continues decline

Last week, the Bureau of Labor Statistics released its annual figures on the state of union membership in the United States. Union membership continued its now-typical trend of declining rolls in 2012. The percent of workers who were union members in 2012 was 11.3%, compared to 11.8% in 2011. The overall number of those belonging […]

Right-to-work law

Arnstein & Lehr Chicago Partner Mark Spognardi and Milwaukee Associate Jesse Dill recently published an article, “Michigan right-to-work law continues to put labor on its heels,” in the December 24 issue of Inside Counsel. In the article, they discuss that Michigan became the 24th state to pass “right-to-work” legislation on December 11, amid scenes of […]

NLRB issues Hispanics United Facebook firing decision

Is the NLRB following a Mayan calendar? It seems there is a flurry of activity coming from the board as we head into the calendar-year end. Included in that activity is the release of Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (2012). This case has been on the radar for many social media […]

NLRB finds at-will employment clauses live to see another day

Employers can still limit the ability of employees to change their at-will status without running afoul of the NLRA Arnstein & Lehr Chicago Partner Mark Spognardi and Milwaukee Associate Jesse Dill recently published an article, “NLRB finds at-will employment clauses live to see another day,” in the November 26 issue of Inside Counsel. In the […]

Employers can avoid holiday party liabilities ~ as a ’tis the season rhyme

Twas the employer’s holiday party, getting all away from the house Employees were stirring, excited to be out The company took many precautions with care To avoid claims of liability after the celebratory affair Tables were lined with food and employees were well fed So none of the eggnog would go too far to their […]

Social media policy concerns gain traction as NLRB issues first decisions

In-house counsel can take lessons from two recent NLRB decisions Arnstein & Lehr Chicago Partner Mark Spognardi and Milwaukee Associate Jesse Dill recently published an article entitled “Social media policy concerns gain traction as NLRB issues first decisions.” The article discusses the National Labor Relations Board’s (NLRB) two recent decisions regarding employers’ social media policies. […]