Tag Archives: NLRA

Proceed with Caution: The NLRB Strikes Down Workplace Rules Prohibiting Negativity and Gossip

by Andrea De León On April 1, 2014, the National Labor Relations Board (the Board), in Hills and Dales General Hospital,found that policies prohibiting negativity, gossip, and negative representation of the employer violate the National Labor Relations Act (NLRA). Under Section 8(a)(1) of the NLRA, it is “an unfair labor practice for an employer to […]

Laurus Technical Institute

According to the National Labor Relations Board, implementing a “no gossip policy” that prohibits employees from gossiping about their employer, other employees, or customers, and subsequently firing an employee for violating that policy, is a violation of the National Labor Relations Act (NLRA). Nine months after Laurus Technical Institute implemented a no gossip policy in […]

California Domestic Worker Bill of Rights Passes CA State Assembly

California is attempting to follow in the footsteps of states such as New York and guarantee Domestic Workers basic labor protections, including overtime pay, meal and rest breaks and adequate sleeping conditions for live-in workers.   A.B. 889, 2011-2012 Cal. St. Assemb. Reg. Sess. (Ca. 2012). In 2011 the New York Legislature passed a Domestic Workers […]

NLRB Takes Aim At Employment-At-Will Clauses In Employee Handbooks

As discussed in previous postings on this site, the National Labor Relations Board (NLRB) is devoting a significant amount of attention to “concerted activity” under Section 7 of the NLRA, and is aggressively working to expand the “concerted activity” definition.  According to two recent NLRB decisions, requiring an employee to sign an “at-will” acknowledgement form […]

The NLRB Releases Website Vowing To Fight For Employees’ Rights

Over the past few months, the National Labor Relations Board (NLRB) has been hard at work interpreting the National Labor Relations Act (NLRA) commenting on everything from social media policies to arbitration agreements.  Recently, the NLRB undertook a major educational effort to educate employees about their rights under the NLRA and vowing to fight for […]

NLRB’s Third Report on Social Media Expands Reach of An Outdated NLRA

The National Labor Relations Board (“NLRB” or “Board”) recently issued administrative rulings on seven cases pertaining to employer policies governing employee use of social media, whereby it held that six of the seven policies violated the National Labor Relations Act (NLRA).  On May 30, 2012, the Board’s Acting General Counsel, Lafe Salomon, issued his third […]

NLRB Union Election Rule Held Invalid

A federal judge recently ruled that the National Labor Relations Board (“NLRB” or “the Board”) rule designed to expedite union elections is invalid since the rule was not approved by a quorum of the Board. In late December, the NLRB published a new rule that changed the procedures for private sector union elections by, among […]

Connecticut Nursing Home Chain Suffers Yet Another Labor Complaint, Employees Locked Out

The Hartford Regional Office of the National Labor Relations Board (NLRB) issued a complaint on February 29, 2012 against a nursing home chain with homes in six Connecticut cities.  This is the fourth complaint the NLRB has issued against the chain in the last two years. The most recent complaint alleges that the nursing home […]

NLRB Comments on Social Media Communications as Protected Activity or Not

On January 25, 2012, National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon issued its second report on social media.  As the pace of technology continues to accelerate, judicial bodies continue to encounter new factual situations that have begun to shape the law concerning social media.  The report was issued in the form of […]

NLRB ruling in D.R. Horton Protects Employees’ Rights to Class Actions

Construction company D.R. Horton, like many other companies, had their workers sign an arbitration agreement upon becoming employed, as a condition of their employment.  The signed agreement required the worker to waive his right to sue the employer in a court in the event that that employee wanted to resolve an employment dispute.  If the […]