By: Ronald J. Kramer, Esq.
On December 19, 2014, the NLRB General Counsel’s Office issued thirteen consolidated complaints against the purported unfair labor practices of numerous McDonald’s franchisees nationwide, with franchisor McDonald’s USA LLC being named as a co-defendant on a joint employer theory. According to the NLRB’s press release, click here, the…
By: Kenneth R. Dolin, Esq. & David L. Streck, Esq.
Here we go again. The National Labor Relations Board (“Board” or “NLRB”) has adopted its expedited election rules that have been previously proposed twice and approved in part once, only to be ruled invalid by the United States District Court for the District…
By: Jeffrey A. Berman, Esq. & Nicholas R. Clements, Esq.
Until December 11, employers thought that they owned their email systems and so could limit their use to company business. On that day, a divided National Labor Relations Board (“NLRB”) ruled “not so.” In Purple Communications, 361 NLRB No. 126 (Dec. 11, 2014), the NLRB…
On Wednesday, November 12, 2014, NLRB General Counsel Richard Griffin, NLRB Board Member Harry Johnson, and EEOC Commissioner Chai Feldblum participated in a panel discussion that touched upon employers’ use of social media during the hiring process. Their remarks highlighted the need for employers to be cautious about looking at…
By: Michele Haydel Gehrke, Esq.
In a 2-1 decision with Board Member Philip Miscimarra dissenting, the National Labor Relations Board recently held that Philips Electronics North America Corp. violated Section 8(a)(1) of the National Labor Relations Act by having an unwritten confidentiality rule prohibiting employees from discussing their disciplinary records. Philips Electronics North America…
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…
By: Howard M. Wexler, Esq.
Still searching for a last minute Labor Day present for that special someone? Well, you’re in luck. The National Labor Relations Board (“NLRB”) announced today that is has launched a free app available for both iPhone and Android users that, “provides employers, employees and unions with information regarding their rights…
