In 2015, the NLRB drew criticism from the employer community when it ruled that an employer could not lawfully restrict employee discussion of a workplace investigation unless it established that it had a “legitimate and substantial business justification” for doing so in the particular case at hand that outweighed employees’ right to discuss such issues …read more »
Even Under the Trump NLRB, Employers Still Cannot Preclude Non-Supervisory Employees from Discussing Their Pay
Many of my clients have the misperception that they are lawfully permitted to instruct non-supervisory employees not to discuss their pay or benefits with each other. In fact, such instructions have historically run afoul of Section 7 of the National Labor Relations Act, which protects concerted employee conduct regarding terms and conditions of employment, including …read more »
Fifth Circuit Upholds Right to Wear “Fight for $15” Buttons at Work
The National Labor Relations Act requires employers to allow all employees—including non-unionized ones—to express opinions on the terms and conditions of their employment. The National Labor Relations Board and the Fifth Circuit recently reaffirmed this idea in a case where the employer argued that the employees’ expression would hurt the employer’s business. The case is …read more »
Employee Handbooks: Some Welcome Guidance from the NLRB On What Your Handbook Should (and Should Not!) Say
On June 6, 2018, the General Counsel’s Office of the National Labor Relations Board (“NLRB”) issued its “Guidance on Handbook Rules Post-Boeing” (“Guidance”). The Guidance follows up and clarifies the recent Board decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017) and may be accessed here. Refresher on the Boeing decision: The …read more »