Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 24 JULY 2009

D.C. Circuit Overrules NLRB On Use Of E-Mail For Union Activity

Barnes & Thornburg LLP
Explore more from Barnes & Thornburg LLP

The United States Court of Appeals for the District of Columbia Circuit reversed the NLRB Tuesday, finding that the Board misapplied the National Labor Relations Act in ruling that an Oregon newspaper properly disciplined an employee for violating company policy by using the newspaper’s e-mail system for union purposes.

United StatesEmployment and HR
Barnes & Thornburg’S Labor & Employment Group
Barnes & Thornburg’S Labor & Employment Group
Author LinkedIn connections

The United States Court of Appeals for the District of Columbia Circuit reversed the NLRB Tuesday, finding that the Board misapplied the National Labor Relations Act in ruling that an Oregon newspaper properly disciplined an employee for violating company policy by using the newspaper's e-mail system for union purposes. While many suggest that a new Board with a Democratic majority might have quickly reversed the Register-Guard decision anyway, the D.C. Circuit beat the NLRB to the punch.

In December 2007, the Board ruled that the Register-Guard newspaper acted lawfully in disciplining an employee for violating the company's communications systems policy by sending emails seeking support for the Eugene Newspaper Guild. The newspaper's policy prohibited use of its communication systems for "non-job-related solicitations." Specifically, Register-Guard disciplined its copy editor and union president for violating its communication systems policy by sending three

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Treasury Issues Temporary Regulations On Trump Accounts And Contributions

The U.S. Department of the Treasury and IRS recently issued temporary regulations that provide an immediately effective framework for establishing and administering “Trump Accounts,” including broad automatic enrollment and large-scale contributions funded by governmental and charitable donors. The regulations became effective September 30, 2026, apply to taxable years beginning on or after January 1, 2026, and expire September 30, 2029.
United StatesEmployment and HR
Fennemore Craig, P.C.
Fennemore Craig, P.C.
Article

IRS Issues New Revenue Procedure

The IRS has released Revenue Procedure 2026-24, establishing new inflation-adjusted limits for Health Savings Accounts and high-deductible health plans effective in 2027. These updates include increased contribution limits, higher minimum deductibles, and expanded out-of-pocket maximums, along with new provisions for direct primary care service arrangements under the One, Big, Beautiful Bill Act. How will these changes impact employee benefit planning and healthcare coverage strategies?
United StatesEmployment and HR
Winston Taylor
Winston Taylor
Article

Allegheny County Council Passes Paid Parental Leave Policy

On Tuesday, October 20, 2026, the Allegheny County Council passed legislation requiring employers with at least 15 workers to provide 12 weeks of paid parental leave, ending months-long debate on the proposal. We previously reported on the initial 18-week proposal in May 2026 (summarized here), the revised proposed legislation (summarized here), and the Allegheny County Board of Health passing the legislation (summarized here). The measure was passed in an 11-4 vote. It will become effective in one year, as County Executive Sara Innamorato signed the bill on, October 22, 2026.
United StatesEmployment and HR
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Maryland’s Ban On Mandatory Employer Meetings: Notice Deadline Looms

Maryland employers must comply with new posting requirements under the Worker Freedom Act, which prohibits penalizing employees who decline attendance at employer-sponsored meetings on religious or political matters. The Maryland Department of Labor has released official notices in English and Spanish that must be displayed prominently in workplaces and provided to new hires starting November 1, 2026.
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

Countdown To Compliance: Employer Preparations For Nov. 2026 OSHA HazCom Deadlines

OSHA's revised Hazard Communication Standard requires covered employers to update chemical labels, written hazard communication programs, and employee training by November 20, 2026. The revisions align with the UN's Globally Harmonized System and introduce new hazard classifications, downstream use considerations, and updated requirements for compressed gases and aerosols. Employers must navigate separate compliance timelines for chemical mixtures while ensuring their workplace practices meet the updated st
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

DOL Scraps Plan To Eliminate 450+ FLSA Interpretive Regulations

The Department of Labor has reversed course on its controversial proposal to remove over 450 long-standing Fair Labor Standards Act interpretations from federal regulations. What does this mean for employers who have relied on these familiar guidelines for decades to ensure wage and hour compliance? The withdrawal brings stability to industries like retail, construction, and motor carriers...
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

OFAC Broadens Cuba Sanctions And Restricts Payments And Travel

The U.S. Treasury Department's Office of Foreign Assets Control has implemented sweeping changes to Cuba sanctions, introducing a new regulatory framework that extends restrictions beyond U.S. persons to foreign entities and financial institutions. These measures eliminate key banking authorizations, expand transaction prohibitions to include intermediary payments, and significantly narrow travel permissions, creating new compliance challenges for businesses operating in or through Cuba-related channels.
United StatesGovernment, Public Sector
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

IEEPA Tariff Refunds: Critical Developments, Phase III Delays, And Action Steps For Importers

U.S. Customs and Border Protection has begun processing IEEPA tariff refunds through its CAPE system, but Phase III covering finally liquidated entries faces delays and requires court orders. With the Department of Justice appealing the universal refund order and class certification pending, importers with finally liquidated entries may need to file individual lawsuits at the Court of International Trade to preserve their claims before statutory deadlines expire.
United StatesInternational Law
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

California Passes AB-1883 Targeting AI Workplace Surveillance Of Employees’ Emotional State And Neural Data

On Aug. 30, AB-1883 received final legislative approval and now heads to California Governor Gavin Newsom for signature or veto. If enacted, AB-1883 would prohibit employers from using workplace surveillance tools that rely on artificial intelligence (AI) to recognize, infer, or predict an employee’s emotional state, or to collect “neural data.”
United StatesEmployment and HR
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

Time To Update The Handbook And The Training Deck: Three New California Laws Affecting Employment Policies And Training

California Governor Newsom has signed three bills that will require California employers to revisit their written policies and their training programs. On the policy side, SB 1149 widens who counts as a “family member” for bereavement leave. On the training side, AB 1803 adds an anti-hate speech component to mandatory harassment prevention training starting Jan. 1, 2028.
United StatesEmployment and HR
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

Russia Sanctions And Tariffs: What Businesses Need To Know About The Graham Act

President Trump has signed the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, introducing sweeping new tariffs of up to 100% on countries purchasing Russian energy and up to 500% on Russian-origin goods. The legislation also codifies existing executive order sanctions into statute, requiring congressional action to lift restrictions and creating mandatory secondary sanctions on foreign financial institutions transacting with designated Russian banks. Companies face immediate compliance challenge
RussiaInternational Law
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

New York State Minimum Wage Increase Halted For 2027; Governor Proposes March Hike

New York's minimum wage will hold steady at current rates through early 2027, but Governor Hochul has proposed legislation that would tie future increases to inflation beginning March 1, 2027. Home care workers will see immediate wage increases to $19-$20 per hour starting January 1, 2027, while standard minimum wages remain at $16-$17 depending on location. Employers across the state should prepare now for potential legislative changes that could affect payroll systems and compensation structures.
United StatesEmployment and HR
Barnes & Thornburg LLP
Barnes & Thornburg LLP