Published: June 14, 2018

On June 6, 2018, National Labor Relations Board General Counsel Peter Robb released a guidance on how to apply the new employee handbook standard established by the Board in its December 2017 Boeing decision.  In Boeing, the NLRB overturned its 2004 Lutheran Heritage Village-Livonia standard, which, when applied, invalidated many civility, confidentiality and other workplace policies and rules.

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Published: December 15, 2017

On Thursday, the National Labor Relations Board continued its roll-back of Obama-era initiatives when it issued two landmark decisions just days before Chairman Miscimarra’s term expires on December 16. The first decision, Boeing, established a new standard for evaluating whether facially neutral workplace policies violate the National Labor Relations Act. The second decision, Hy-Brand, overruled the Browning-Ferris standard governing joint-employer liability. Both decisions come as welcome news to employers.

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Published: August 23, 2017

In 1975, the U.S. Supreme Court in the case NLRB v. Weingarten, established the rule that union members have the right to have a union representative present at an interview or meeting that could lead to disciplinary action against the employee. Last Friday, a panel of the U.S.

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Published: July 13, 2017

On July 3, 2017, the Eighth Circuit overturned a National Labor Relations Board (the “Board”) decision finding that a Jimmy John’s franchisee, MikLin Enterprises, Inc. (“MikLin”) violated the National Labor Relations Act (“NLRA”) when it discharged and disciplined employees who publicly distributed posters suggesting that consumers may become sick from eating sandwiches made by sick workers. The posters, which were distributed during a union organizing drive, were part of a campaign to demand paid sick leave.

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Published: April 3, 2017

On March 24, the D.C. Circuit upheld an order from the National Labor Relations Board that an employee confidentiality agreement was impermissibly overbroad in Banner Health v. NLRB. The confidentiality agreement was a condition of employment at Banner Health System, a large not-for-profit health care system, and forbade employees from discussing the private employee information of coworkers. Included in the list of banned topics of discussion was salary information and disciplinary actions.

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Published: February 13, 2017

GOP Reacts Swiftly to NLRB General Counsel’s Memorandum Regarding the Status of Division I Scholarship Football Players at Private Universities

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Published: September 7, 2016

Today, in Mohamed v. Uber Technologies, Inc., the Ninth Circuit ruled that Uber drivers must arbitrate their labor claims individually, and cannot pursue them as a class.  See Mohamed v. Uber Technologies, Inc., No. 15-16178, 2016 WL 4651409 (Sept. 7, 2016 9th Cir.).  Independent contractor drivers allege that Uber violated the Fair Credit Reporting Act and state statutes by running unauthorized background checks on them.

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Published: August 24, 2016

Reversing more than a decade of precedent, the activist National Labor Relations Board (NLRB) ruled on August 23, 2016 in The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia–GWC, UAW that graduate and undergraduate teaching assistants and graduate research assistants who perform services in connection with their studies at private universities may be statutory employees under the National Labor Relations Act (NLRA).

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