The National Labor Relations Board is a federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages, hours and working conditions. In December 2019, the Board issued several decisions, and...
Advising And Defending Businesses
Labor Law
NLRB Permits Employer to Implement Arbitration Agreement in Response to Class Action Lawsuit
On August 14, 2019, the National Labor Relations Board in Cordúa Restaurants, Inc. held that employers are not prohibited by the National Labor Relations Act from informing employees that their failing or refusing to sign a mandatory arbitration agreement will...
NLRB Affords Employers Greater Leeway in Addressing Abusive Conduct By Employees
On July 21, 2020, the National Labor Relations Board (NLRB) in General Motors LLC, established a new standard for determining whether employees have been lawfully disciplined or discharged when making abusive or offensive statements, including profane, racist, and...
Employer May Bar Union Organizers From Public Areas on its Property
On June 14, 2019, the National Labor Relations Board in UPMC Presbyterian Shadyside held that an employer may bar nonemployees from soliciting its employees on behalf of a union on company property that is open to the public, provided the employer applies its policy...
NLRB Revised Election Rules Blocked by District Court
The United States District Court for the District of Columbia has blocked the National Labor Relations Board (NLRB) from implementing five provisions of the rule changes it announced in December 2019. On June 1, 2020, the NLRB published a news release stating that “it...
NLRB and DOL Issue New Rules For Determining “Joint Employer” Status
On February 26, 2020, the National Labor Relations Board issued a final rule regarding whether two entities will be considered a joint employer, restoring its pre-2015 standard, and providing greater precision, clarity, and detail by using its rulemaking power. The...
Employer’s Attempt to Send Potential Class Action Lawsuit to Arbitration under CBA Rejected, but Court Gives Employers a Glimmer of Hope for the Future
May an employer force an employee covered by a collective bargaining agreement (“CBA”) to arbitrate their wage and hour claims instead of suing in court? Maybe, answered one California Court of Appeal in Vasserman v. Henry Mayo Newhall Memorial Hospital....