On December 16, 2019, the National Labor Relations Board (the “Board”) issued a new decision that strengthens employers’ right to restrict employees from using company email for non-work reasons. Caesars Entertainment, No. 28-CA-60841 (NLRB Dec. 16, 2019). In so doing, the Board overruled its controversial 2014 decision in Purple Communications, which held
Protected Activity
NLRB Vacates Recent Decision Narrowing Joint-Employer Standard; Broad Browning-Ferris Test Back in Play For Now
By Paul Skelly, David J. Baron & DeMaris Trapp on
As we previously reported, the National Labor Relations Board (Board) on December 14, 2017 issued a decision in Hy-Brand Industrial Contractors scrapping a broad and controversial “joint employer” standard in favor of a narrowed test that made it more difficult to link affiliated business as joint employers. Recently, however, the Board unanimously vacated Hy-Brand…
NLRB Reverses Several Obama-Era Decisions; Loosens Grip on Employers
In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the employer-employee relationship. Three of these decisions in particular will have wide-reaching benefits for union and non-union employers alike, as…