(And this time, it doesn’t look good for employers.) On May 30, 2012, Lafe Solomon, Acting General Counsel of the National Labor Relations Board, issued his third report on social media in the workplace. The memorandum focuses exclusively on employer social media policies, analyzing seven such policies in detail for potential NLRB rule violations. Contributor… Read more »
Mobile payments are expected to top $170 billion worldwide this year, according to a Gartner study published earlier this week. Three recent updates take a look at issues facing merchants who are considering – and in many cases already implementing – systems for accepting payments via smartphone or other mobile devices. The first discusses a… Read more »
The National Labor Relations Board continues to target mandatory arbitration agreements in employment contracts. From law firm Barger & Wolen: “… the National Labor Relations Board has filed a formal complaint against 24 Hour Fitness, alleging the gym company’s arbitration opt-out policy compels employees to waive their rights to utilize the civil litigation system, and… Read more »
State lawmakers appear to be warming up to the idea that workers who use medical marijuana need protections against discrimination in the workplace. Currently, sixteen states and the District of Columbia permit the ingestion of marijuana for medicinal purposes. Another twelve are considering similar legislation. Few states have regulations that protect the rights of workers… Read more »
It’s National Small Business Week, and the Small Business Administration is throwing a party. Guess what: you don’t have to be in DC to join the festivities; follow along via the SBA’s live webcast. We’re joining the National Small Business Week party, too. Thought we’d bring along this tasty little roundup of advisories regarding SBA… Read more »
A key challenge facing many entrepreneurs and small business owners – sooner or later – has nothing to do with running the shop. It’s handing the business off to the next generation. But structuring a transition that will ensure the survival of the company (and the family!) doesn’t happen on its own. For your reference,… Read more »
Earlier this week, a DC federal judge voided the National Labor Relations Board’s ambush elections rule, putting an end – likely temporary – to the Board’s efforts to speed up the union election process. For your perusal, a roundup of legal advisories on the ruling: NLRB Ambush Elections: More Than Just Showing Up (Siegel, O’Connor,… Read more »
If you’re a regular reader of this blog, you might’ve noticed that lately we’ve been meting out advice in parcels of five. (See for example: 5 Tips for Writing an Effective Employee Handbook, 5 Ways the NLRB Regulates Employer-Employee Relationships, 5 Considerations for Protecting Your Trademark, etc.) Really, there are only two possible paths forward.… Read more »
Beginning September 23, 2012, health insurers and plan administrators will be required to distribute a Summary of Benefits and Coverage (SBC) to all participants. As its title suggests, the SBC is designed to describe benefits and coverage of a particular plan in clear language and a uniform format, and to help consumers better understand and… Read more »
The National Labor Relations Act (NLRA) is the main federal law designed to regulate the relationship of employers, employees and unions. It establishes practices affecting the rights both of the employer and the employee, most often to do with workplace activities such as union elections, discipline, and privacy issues. The National Labor Relations Board enforces… Read more »
An employee handbook is one of the most important communications tools available to your business. It establishes expectations for your staff, procedures for resolving conflicts, and policies regarding a range of improper and illegal behavior. Equally important, such workplace guides set forth your legal obligations and requirements as an employer, while articulating the rights and… Read more »
If you’re running a business, you’ve probably got a trademark. From law firm Akerman Senterfitt: “Put simply, your trademark is your brand name. Legally, a trademark is defined as a word, phrase, symbol or design, or a combination of those things. It is something visual (but it can be a sound or even a scent)… Read more »
Lawsuits can happen to the best of businesses, including yours. And when they do, the steps you take at the outset can mean the difference between a positive and a negative resolution. For your reference, five considerations in the event your company is sued: 1. Loose lips could sink attorney-client privilege: “Do not communicate about… Read more »
What’s on your mind? The California Supreme Court ruling on Brinker, social media in the workplace, the National Labor Relations Board poster rule, plus a range of other small business-related legal topics. For your (re)reading pleasure, here’s a look at the most-read Small Business Support posts over the past month: 1. Brinker Ruling: 5 Lunchtime… Read more »
The National Labor Relations Board’s new rules for union elections (effective on April 30, 2012) have generated considerable criticism because they significantly shorten the amount of time employers have to respond to a petition for representation. The regulations have been challenged in court, with a decision expected by May 15. Until then, five takeaways for… Read more »
