Category Archives: NLRB

Subscribe to NLRB RSS Feed

Catch-22: To Give or Not to Give Raises and Bonuses after Employees Unionize

Commission
Giving employees raises and bonuses can be complicated. As we previously discussed, misclassifying a bonus can result in an accounting nightmare. And one well-intentioned employer misstep, such as promising an employee payment of a bonus, can quickly reclassify a discretionary bonus as a non-discretionary bonus that must be accounted for in a non-exempt employee’s regular … Continue reading this entry

It’s a Topsy-Turvy Workplace – Right Now, Common Sense is on Top

Common
Breaking news – sometimes agency guidance, or even enforcement positions, change! A recent example comes from the National Labor Relations Board (NLRB) with its June 6, 2018, memorandum regarding “Guidance on Handbook Rules Post-Boeing.” While the lack of consistency can be frustrating for employers, there is good news this time: Common sense seems to have … Continue reading this entry

Supreme Court Ends the Debate and Upholds Class Action Waivers

Waivers
Welcome news for many employers rolled out of Washington, D.C. earlier this morning. The Supreme Court has ended a long-running debate over the enforceability of arbitration agreements with class action waivers in the employment context, particularly as applied to the wage and hour class action litigation. In short, such waivers are enforceable and do not … Continue reading this entry

NLRB Overrules Controversial Joint-Employer Decision

In their latest client alert, Gardere’s global supply network team discusses the National Labor Relations Board’s Hy-Brand decision, which reverses their stance on joint employment set forth in the 2015 Browning-Ferris ruling. While this development is certainly relevant to franchisors, we also want to take this opportunity to share the information with our clients, colleagues … Continue reading this entry

Legal Considerations for Employers during Election Years—Part III

With the Presidential election heating up, employers may see an increasing interest in politics among their employees.  As we have covered recently in the Work Knowledge Blog, private employers are not bound by the First Amendment’s right to free speech.  But employees do have certain limited rights in the workplace relevant in election years, including … Continue reading this entry

Legal Considerations for Employers during Election Years—Part II

With the Republican National Convention wrapping up this week, political conversation is assuredly becoming a more common occurrence in workplaces around the country.  Importantly for employers, political action and speech in the workplace threatens disruption and damage to relationships among coworkers, as the political divisions in this country are exceedingly acute this campaign season.  This … Continue reading this entry

Proposed Changes to Board Law on Employer’s Unilateral Withdrawal of Recognition

Recently, the NLRB General Counsel issued a memorandum to Regional Directors, Officers-in-Charge, and Resident Officers recommending an alternative theory to plead and argue when challenging an employer’s withdrawal of recognition. Under current precedent, an employer may unilaterally withdraw recognition of an incumbent union if it has objective evidence that the union has actually lost majority … Continue reading this entry

President’s Recess Appointments Exceed Authority Based on Supreme Court Decision

After months of anticipation, the United States Supreme Court today issued its opinion in the Nat’l Lab. Relations Bd. v. Noel Canning case.  No. 12-1281, slip op. at 1 (June. 26, 2014).  By way of background, on January 2, 2012, President Obama made three appointments to the National Labor Relations Board while the Senate “was … Continue reading this entry

Union and Non-Union Employers Must Review Their Employee Handbooks in Light of Recent NLRB Developments

The National Labor Relations Board recently challenged many common employee handbook provisions on the grounds that they violate employees’ protected rights under Section 7 of the National Labor Relations Act.  The challenged handbook provisions include restrictions on social media; restrictions on discussions of wage, benefits and related information; at-will provisions; and standards of behavior policies. … Continue reading this entry

5th Circuit Rejects NLRB's Position on Class/Collective Action Waivers

On December 3, 2013, in a landmark decision, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) in D.R. Horton, Inc. v. National Labor Relations Board, rejected the argument that the National Labor Relations Act (“NLRA”) banned class and collective action waivers in employment arbitration agreements.  This decision overturned the National Labor Relations … Continue reading this entry