A New Path to Defending NLRB Employer Policy Challenges

Law360

Adam C. Abrahms, a Member of the Firm in the Employment, Labor & Workforce Management and Health Care and Life Sciences practices, in the firm’s Los Angeles office, and Christina C. Rentz, an Associate in the Employment, Labor & Workforce Management practice, in the firm’s Los Angeles office, co-authored an article in Law360, titled “A New Path to Defending NLRB Employer Policy Challenges.” (Read the full version – subscription required.)

Following is an excerpt:

Over the last few years employers’ lamentations over the National Labor Relations Board’s prosecution of standard workplace policies have grown increasingly loud and recurrent.

With the board finding everything from common arbitration agreements, to social media policies, to standard workplace conduct rules to be unlawful, many employers have felt under siege and handcuffed by what many view as an over-zealous agency interfering with employers’ ability to manage their workforce. Equally vexing to employers has been frustration over a perceived inability to effectively defend their common-sense policies against unfair labor practice charges which the NLRB general counsel routinely seeks nationwide remedies to, arguing that an employer must post a notice, send emails to all employees, and revoke/replace the policy at every location.