By: Ashley Laken
Seyfarth Synopsis: The U.S. Court of Appeals for the D.C. Circuit recently denied Quicken Loans, Inc.’s petition for review of an NLRB decision finding that confidentiality and non-disparagement provisions in the company’s Mortgage Banker Employment Agreement unreasonably burdened employees’ rights under Section 7 of the NLRA.
Back in 2013, an NLRB…
By Jeffrey A. Berman and Candice T. Zee
In Triple Play Sports Bar & Grille, 361 NLRB No. 31 (2014), the National Labor Relations Board ruled that a Facebook discussion regarding an employer’s tax withholding calculations and an employee’s “like” of the discussion constituted concerted activities protected by the National Labor Relations Act (“Act”).…
By: Howard M. Wexler
As we have previously reported–most recently here and here– the National Labor Relations Board has taken aim at employer workplace rules that it contends are unlawfully restricting employees’ Section 7 rights.
In yet another example, an NLRB Administrative Law Judge (ALJ) recently held in Mercedes-Benz U.S. International, Inc. that an…
By: Howard M. Wexler, Esq. & Joshua D. Seidman, Esq.
As we previously blogged about – most recently here and here, the NLRB has taken aim at employer workplace rules that it contends are unlawfully restricting employees’ Section 7 rights.
On June 13, 2014 the NLRB affirmed an ALJ decision issued in…
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By: Ashley K. Laken, Esq.
On January 31, NLRB Administrative Law Judge Susan Flynn ruled that two provisions of a non-unionized hospital’s code of conduct unlawfully interfered with employees’ Section 7 rights. The ALJ also deemed unlawful a hospital official’s oral instruction to an employee to not discuss with others on staff the hospital’s…
By: Howard M. Wexler and Joshua D. Seidman
Water cooler talk, i.e. office gossip, has been a seemingly timeless thorn in many employers’ sides, particularly because of the decrease in worker productivity that such gossip can cause. As such, some employers–with Section 7 rights being the furthest thing from their mind–have tried to limit such…
A disturbing trend is beginning to appear. The NLRB, or at least Region 28, is issuing and prosecuting complaints alleging that “at will” employment provisions in employee handbook acknowledgement forms (and presumably handbooks and employment applications) interfere with employees’ Section 7 rights to engage in protected concerted activity. Although we are…
