Labor Law & NLRB

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Yesterday, the U.S. Court of the Appeals for the Third Circuit held that the NLRB lacked jurisdiction to take action where it lacked three Board Members who had been properly appointed.  In NLRB v. New Vista Rehabilitation and Nursing, a majority of the panel held that President Obama’s appointment of Craig Becker to the …

The NLRB has issued a series of decisions in recent months finding various employee handbook provisions unlawful.   The Labor Board’s scrutiny of handbooks continued recently in another case, Direct TV.

In that case, the employer promulgated the following rule:

 If law enforcement wants to interview or obtain information regarding a Direct TV employee, whether

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The Labor Board has released its long-awaited second “Facebook case.”  To nobody’s surprise, the NLRB has largely adopted the ALJ decision that the Facebook postings in question constitute protected concerted activity under Section 7.

In Hispanics United of Buffalo, an employee threatened to report several of her co-workers to management who she felt did…

Almost every nonunion company’s employee handbook has the standard clause: employment is at-will.  This indisputably is a permissible term of employment, right?  The answer to that question depends on how the policy is phrased.   According to recent pronouncements from the NLRB, if a “reasonable employee” could read such a policy as making unionization futile, then…

Do you think it could possibly violate any law to require at-will non-union employees to sign a confidentiality agreement prohibiting disclosure outside the company of information relating to customers, marketing procedures, costs, prices, business plans, computer and software systems, and “personnel information and documents?” If you answered “of course not!” you would be WRONG under…

As we reported in May, the United States District Court for the District of Columbia invalidated the NLRB’s proposed “quickie” election rules, on the grounds that the Board lacked a proper quorum on the day of voting.   Member Brian Hayes never formally voted on the rules, though he did indicate in the days before…

The NLRB General Counsel’s office has released its third report on recent social media cases. The GC reviewed social media and confidentiality policies from several companies and found most policies unlawful.  In particular, the GC found the following portions of various social media and confidentiality policies unlawful:

  • “Don’t release confidential guest, team member or company

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