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Posts in National Labor Relations Act (NLRA).
By Lauren Daming on June 6, 2016 at 11:41 AM

Circuit split: Do class and collective action waivers in employment agreements violate the NLRAOn May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic Systems, agreeing with the National Labor Relations Board’s position that mandatory arbitration agreements that prohibit employees from bringing class or collective claims violate the National Labor Relations Act. It was the first appellate court decision to accept the board’s stance, breaking with the Fifth Circuit and teeing up the final resolution of the validity of class waivers for the U.S. Supreme Court.

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By Katherine Fechte, T. Christopher Bailey on September 23, 2015 at 11:14 AM

The National Labor Relations Board has long held employers cannot stifle employee communications about the conditions of their employment in general handbook confidentiality clauses, but on Aug. 27, the NLRB took that prohibition one step further.

In a 2-1 decision, the board ruled The Boeing Co.’s confidentiality restriction for employees under HR investigations violated the National Labor Relations Act. (Boeing Co., 2015 BL 278958, 362 N.L.R.B. No. 195, 8/27/15.)

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By Lauren Daming on January 16, 2015 at 1:24 PM

The modern laptopReversing existing Board precedent, the National Labor Relations Board (“Board” or “NLRB”) recently ruled that employers that allow employees access to work e-mail systems must presumptively allow their employees to use those e-mail systems for union activity during non-work time. This reversal of long-standing precedent has potentially far-reaching consequences and, at minimum, will require both union and non-union employers to review their communications policies to ensure compliance with the National Labor Relations Act (“NLRA”).

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