Topic: NLRB

How Does the Withdrawal of the DOL’s 2015 and 2016 Informal Guidance on Joint Employment and Independent Contractors by Trump’s Secretary of Labor Impact Employers?

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance documents on joint employment and independent contractors.  In the three sentence press release announcing the withdrawal, the DOL reminded employers that it plans to fully and fairly enforce all laws within…

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NLRB Affirms Stance on Employee Use of Company Email During Non-Work Time

The National Labor Relations Board (NLRB) recently affirmed its 2014 decision in Purple Communications, Inc. and Communications Workers of America, AFL–CIO which held that if employees are granted access to their employer’s email system for work-related purposes, they are presumed to have a right to use that email system on non-working time for communications that…

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Can a Single Employee Go On Strike Against a Non-Union Company?

The short answer is “yes.”  The National Labor Relations Act extends the same protections to employees of non-unionized employers as it does to union members.  One of those protections is the right to engage in a strike, which is simply a work stoppage in support of a concerted activity, such as a demand for changes…

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The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

The NLRB’s new focus on non-union employment has been well–chronicled here.  Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations Act and its unfair labor practice prohibition.  Recent NLRB activity concerning confidentiality provisions in hedge fund Bridgewater Associates’ standard employment contract underscores…

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