Tag Archives: NLRB

Former NLRB Member Reemphasizes Confusion Created by Browning-Ferris Decision

Successful businesses expand.  Sometimes they even franchise themselves, offering opportunities for other small businesses to take root.  The National Labor Relations Board (“NLRB”) decision has expanded liability for small businesses by changing the standard for when they should be considered “joint employers” – that is, just one large business instead of many small ones.  In … Continue Reading

Helpful Guidelines For Employee Handbook Drafting

The NLRB has recently been active in analyzing whether employee handbooks violate Section 7 of the National Labor Relations Act (the “Act”).  In light of this, it is advisable for employers to try to imagine their handbook provisions being construed restrictively, especially with regard to communications that employees engage in for unionizing efforts and discussing … Continue Reading

An Unforgiving NLRB Holds That Protecting Patient Data Under HIPAA Can Still Violate Section 7 Rights

It would make sense that the systems housing patient records at a physician’s office should be protected by a robust duty on the part of the physician’s employees to keep such records confidential. The purpose, of course, is to ensure the physician’s responsibilities under the Health Information Portability and Accountability Act (“HIPAA”) are properly carried … Continue Reading

NLRB’s Handbook on Handbooks

As we all know, the NLRB has been working hard in recent years to expand its reach beyond the union workforce – striving to make its decisions and guidance just as relevant to the non-union employer in an age where unions are on the decline.  Recent NLRB decisions have found employers liable for unfair labor … Continue Reading

No Such Thing as “No Harm, No Foul”?

Everybody knows that an activist National Labor Relations Board (NLRB) expects a lot of all employers nowadays, union and non-union. One of the areas under the greatest NLRB scrutiny are time-honored, well-worn policies that have existed in employee handbooks for years:  don’t disparage your employer; don’t say anything damaging about the company; don’t harm the … Continue Reading

NLRB Rejects Challenge to Small Bargaining Unit And Rules That Macy’s Must Bargain With Cosmetics Union

No bargaining unit too small? Certainly not for the National Labor Relations Board. Earlier this month, the NLRB rejected Macy’s argument that a cosmetics bargaining unit was too narrow and ordered the retailer to bargain with the unit.  Macy’s had tried to argue that an entire store bargaining unit was more appropriate and that the … Continue Reading

NLRB “Deletes” Company E-Mail From an Employer’s Property Rights

If you think an employer has an absolute right to control its own email systems, think again – at least according to the National Labor Relations Board. On December 11, 2014, the NLRB declared that employees may generally use their employers’ email for union organizing purposes – and that employers who generally prohibit employees from … Continue Reading