On June 6, 2018, the Office of General Counsel for the National Labor Relations Board (“NLRB”) issued a Memorandum concerning the NLRB’s review of employee handbook rules based on the December 2017 decision in The Boeing Company, 365 NLRB No. 154 (“Boeing”).  The Boeing decision adopted a new test for evaluating work rules or policies […]

On April 11, 2018, the United States Senate narrowly confirmed the appointment of John Ring to the National Labor Relations Board by a 50-48 party line vote. Mr. Ring is a management-side labor lawyer. The confirmation vote restores the 3-2 Republican majority on the NLRB. When Republican appointees last held a 3-2 majority toward the […]

It is not easy these days trying to figure out what test the NLRB will utilize in determining whether one company is a “joint employer” of another.   On February 26, 2018, the NLRB vacated its decision in Hy-Brand Industrial Contractors, Ltd, decided just a few months earlier in December 2017, and restored the more expansive […]

Employers considering firing employees for participating in ‘A Day Without Immigrants’ strike, or any strike for that matter, need to keep in mind the National Labor Relations Act (NLRA).  This law applies to both union and non-unionized employers and gives employees the right to engage in “concerted activities” for purposes of “mutual aid or protection.” […]

Peter Frattarelli Discusses Caution Around Concerted Activities in this Human Resource Executive Online Article.