Topic: NLRA

In the Workplace: Latest Need-to-Know Employment Law News

What’s new for employers? Plenty. Like gender discrimination lawsuits, EEOC investigations, Facebook firings, FMLA developments, employment visa news, whistleblower claims, healthcare reform, and much more. For your information, here’s a roundup of recent employment law updates from lawyers and law firms on JD Supra: Second Circuit Vindicates Concepcion in Gender Discrimination Case (Sedgwick LLP): “In… Read more »

NLRB Rules Witness Statements Are No Longer Confidential

“In yet another reversal of longstanding, bright-line precedent, the National Labor Relations Board (NLRB or Board) has changed dramatically the rule applicable to employers in responding to union information requests seeking employee witness statements collected during a workplace investigation.” (Ogletree Deakins) Since 1978, the National Labor Relations Board (NLRB) allowed employers to maintain the confidentiality… Read more »

5 Small Business Resolutions For the New Year

Still drafting your new year’s resolutions? Consider the following suggestions from labor and employment lawyers on JD Supra. Think of them as five ways to keep the “happy” in “Happy New Year 2013”… 1. Clean up your workplace policies: “You have cleaned out your fridge and the cupcakes, cookies, Christmas candy and potato chips are… Read more »

Workplace Issues: Latest Need- to-Know Employment Law News

What’s new in the world of employment law? Quite a bit, actually: employee privacy, ADA and ADAAA issues, theft of trade secrets, vacation policies, ERISA-related matters, social media in the workplace, FMLA leave, right-to-work laws, NLRB and EEOC activity, E-verify laws, wage-hour issues, background check approvals, and much more. Here’s a roundup of recent labor and… Read more »

Social Media in the Workplace: What’s Your Company’s Policy?

Employee social media use – on and off company time – can create havoc for unwary employers. What to do about it? A good first step: watch these two videos on social media policies and procedures in the workplace. The first features labor attorney Eric Kinder (Spilman Thomas & Battle), who looks at some of… Read more »

Politics in the Workplace: What Are the Rules?

The presidential election is less than three weeks away, but it could be a looong three weeks for employers and HR managers. Nicole Jeong of law firm Morrison & Foerster explains: “[B]ecause many of the issues at the forefront of these elections can be deeply personal since they deal with race, class, gender, sexual orientation,… Read more »

Employer Violated NLRA When Terminating Employee for Harassment

The National Labor Relations Board has found the termination of an employee who violated his employer’s harassment policy to be unlawful. Neil Goldsmith and Chris Johlie (from law firm Franczek Radelet) provide background: “… the employer was in the midst of a decertification campaign when several female employees lodged a written complaint over vulgar, harassing… Read more »

NLRB Issues First Social Media Decision (And It Looks Very Familiar)

Earlier this month, the National Labor Relations Board rejected Costco’s social media policy, which prohibited employees from posting statements that “damage the Company … or damage any person’s reputation.” Denise Keyser and Mary Cate Gordon of law firm Ballard Spahr explain: “The Board found the policy overly broad, concluding that it reasonably could be interpreted… Read more »

Employment Law Roundup: EEOC Priorities, Non-Competes, Work Travel, Form I-9, ADA, Outsourcing 401(k)s, More

For your reference, a roundup of recent updates and advisories on JD Supra spanning the broad range of labor and employment law issues that arise in the workplace: “Ladies and Gentlemen, this is your captain. Looks like we missed our window of opportunity to sign this labor agreement, so we’re in for a long wait…”… Read more »

NLRB Says “No” to Confidentiality in Workplace Investigations?

The National Labor Relations Board recently ruled that healthcare provider Banner Health was not justified in enforcing a rule that prevented workers from discussing an internal investigation with colleagues. (The board said that such a rule violated employee rights to engage in protected concerted activity.) It’s an important decision affecting all businesses, because asking employees to… Read more »

Another Strike Against the NLRB’s Fight to End Arbitration Clauses

Stop us if you’ve heard this one before… That’s not the lead-in to a tired joke, but rather our introduction to the latest chapter in the National Labor Relations Board’s ongoing efforts to block employer-mandated arbitration clauses in labor contracts (for earlier updates, see Mandatory Arbitration Agreements Are Dead! Long Live Mandatory Arbitration Agreements!). The… Read more »

NLRB Publishes Web Page to Define “Protected Concerted Activity”

Less than a month after releasing a third report on social media activity in the workplace, the National Labor Relations Board published a new website to help workers understand, through specific examples, employee rights to engage in protected concerted activity. (Jump to the page here.) For employers, three takeaways: 1. Union and non-union employers alike… Read more »

Mandatory Arbitration Agreements Are Dead! Long Live Mandatory Arbitration Agreements!

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 »

Most Popular Small Business Posts – Apr 2012

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 »