By Sul Ah Kim and Cary R. Burke

Seyfarth Synopsis: Earlier this week, the National Labor Relations Board (“NLRB” or “Board”) overturned established precedent and held that a facially neutral work rule is presumptively unlawful if a “reasonable” employee predisposed to engaging in protected concerted activity could interpret the rule to have a “coercive meaning.” Stericycle, Inc., 372 NLRB

Continue Reading The NLRB’s “Reasonable Employee” Definition Defies Common Sense: Time to Review Your Work Rules and Policies…Again

By Ashley Laken

Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a union member’s criticisms on Facebook of the union that represented him were protected by the NLRA.

On February 7, 2017, in Laborers’ International Union of North America, Local Union No. 91, 365 NLRB No. 28, the National Labor Relations Board affirmed an NLRB administrative law judge’s
Continue Reading NLRB Finds Employee’s Facebook Posts Critical of Union Protected

By Michael Rybicki, Esq.

Seyfarth Summary: The relevance of the National Labor Relations Act to industries and business sectors that have not traditionally had to deal with its implications – such as hedge funds.

The New York Times recently ran on the front page of its business section a lengthy article discussing the National Labor Relation’s Board challenge to
Continue Reading The NLRB Continues To Go After Non-Union Employers in Industries it Has Historically Not Targeted

By Taron K. Murakami

Employees will not make “negative comments about our fellow team members” and will not “engage in or listen to negativity or gossip.”[1]

Company prohibits “discourteous or inappropriate attitude or behavior to passengers, other employees or members of the public,” and “disorderly conduct during working hours.”[2]

“Gossip is not tolerated at [the Company].  Employees that

Continue Reading Does Your Handbook Need Help? — Why All Employers Need to Be Aware of the NLRB’s Ever Increasing Scrutiny of Employee Handbooks