Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

The NLRB Expands Its Reach in the Non-Union Workplace

By Scott T. Silverman & Akerman Law on August 20, 2015
Email this postTweet this postLike this postShare this post on LinkedIn

The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of personal electronics, and conflicts of interest — are unlawful, according to a recent memorandum issued by the NLRB General Counsel. Basic contract and policy provisions requiring employees to maintain the confidentiality of business information, be respectful of others, and not send inappropriate emails may be unlawful in the NLRB’s eyes. In addition, the agency continues to expand the concept of “protected concerted activity” to cover employees engaged in social media posts outside of work and to challenge employer non-disparagement, arbitration, and “at-will” employment policies.

Employers must permit employees to use their e-mail system for unionization and other concerted activities during non-working time, according to the NLRB. And the agency has instituted so-called “quickie election” rules, which will have the practical impact of reducing the time for campaigns, thereby improving the unionization success rate.

On top of all this, the Board has also broadened its interpretation of “joint employer” to include franchisors of franchisees.

Where is the line and how can your company comply with the NLRA, while still protecting your business and providing a positive work environment? In light of these developments, it is critical for employers to review all of their employment, severance, and release agreements for compliance with the NLRA, as well as their employee handbooks and manuals. Moreover, employers should prepare now to anticipate union campaigns in light of the change in the timing of union elections.

Join us at the 20th Annual Akerman Labor & Employment Law Seminar for an important update on changes in labor law and best practices for dealing with these critical workplace issues.

 

Photo of Scott T. Silverman Scott T. Silverman

Adept at navigating complex labor and employment matters, Scott Silverman is noted by Chambers USA for being “expeditious” and “excellent at providing all points of view.” His range of experience includes representation of employers in administrative proceedings, federal and state court litigation, and…

Adept at navigating complex labor and employment matters, Scott Silverman is noted by Chambers USA for being “expeditious” and “excellent at providing all points of view.” His range of experience includes representation of employers in administrative proceedings, federal and state court litigation, and arbitrations. Although he has worked on a variety of labor and employment issues throughout his career, Scott’s practice has emphasized labor management relations, employment discrimination, non-compete/trade secret, wage and hour, and retaliation claims. Complementing his litigation practice, he advises employers on day-to-day matters, and drafts manuals and contracts for his clients.a

Read more about Scott T. SilvermanEmail
Show more Show less
  • Posted in:
    Employment & Labor
  • Blog:
    HR Defense
  • Organization:
    Akerman LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo