Last week, the U.S. Supreme Court accepted review of a case that should decide whether employers can include class and collective action waivers in mandatory arbitration agreements signed with individual employees. Under...more
At least for now, the National Labor Relations Board (NLRB) continues its assault on employer social media policies. In a recent Board decision, G4S Secure Solutions (USA), Inc., the majority declared a variety of policies...more
Employers are well aware of the National Labor Relations Board’s increasingly aggressive prosecution of employers accused of violating employee rights by attempting to restrict their social media interactions. Earlier this...more
The National Labor Relations Act vests the NLRB with broad powers to correct violations of U.S. labor laws. Last month, the Seventh Circuit Court of Appeals confirmed the Board’s broad reach by affirming a decision ordering a...more
In recent years, the National Labor Relations Board (NLRB) has begun finding separate companies jointly liable for compliance with federal labor laws under a joint or co-employment theory. Most notably, the Board has...more
Yet another chapter in the National Labor Relations Board’s assault on employer social media policies. Earlier this month, the Board rejected Chipotle’s policy that prohibited employees from “posting incomplete, confidential,...more
Another week, another National Labor Relations Board decision concluding that a standard employee handbook policy violates employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. This time,...more
Over the past several years, the National Labor Relations Board has repeatedly declared standard employee handbook policies illegal because it considered them to violate employees’ rights to engage in protected concerted...more
The National Labor Relations Board continues its assault against standard employment policies considered to interfere with employee rights. This time, a federal administrative law judge accepted the Board counsel’s argument...more
In its 2004 Oakwood Care decision, the National Labor Relations Board concluded that a union seeking to organize a unit of workers that includes both permanent and temporary employees obtained from a third-party agency, must...more
As previously reported in EmployNews, the National Labor Relations Board has issued numerous recent decisions finding that employers’ use of class and collective action waiver provisions in mandatory arbitration agreements...more
Last month, the National Labor Relations Board continued its rejection of employer conduct policies intended to promote harmonious and productive working relationships among employees. In T-Mobile USA, Inc., unionized...more
The National Labor Relations Board continues its assault on employer handbooks and other policies it considers to impede employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. Last month, the...more
5/4/2016
/ Code of Conduct ,
Employee Handbooks ,
Hospitals ,
NLRA ,
NLRB ,
Nurses ,
Patient Safety ,
Protected Concerted Activity ,
Section 7 ,
Termination ,
Workplace Bullying
The National Labor Relations Board continues to interpret Section 7 of the NLRA to prevent employers from adopting social media policies that restrict employees’ ability to publically complain about their terms and conditions...more
Over the past several years, the Equal Employment Opportunity Commission has sued several employers, claiming that their failure to explicitly advise employees that releases provided in conjunction with severance benefits...more
Like many employers, Whole Foods adopted a policy prohibiting employees from conducting unauthorized recording of conversations, phone calls or meetings, regardless of the recording technology used. Employers generally...more
North Carolina’s controversial new “Ag-Gag” Law took effect January 1. The bill was passed at the behest of state pork and poultry interests concerned over animal rights activists using employment as a cover to film...more
Employers seeking to avoid costly and often hostile juries have increasingly relied upon mandatory arbitration agreements with employees. Under these provisions, the parties agree to submit any disputes involving the...more
As exhaustively reported in EmployNews over the past several years, the National Labor Relations Board has been attacking numerous employee handbook provisions considered for years by employers to constitute standard...more
When employers require employees to sign mandatory arbitration agreements, the agreements typically state that any subsequent arbitration must be brought in the employee’s individual capacity. In other words, the agreements...more
Last week, the Second Circuit Court of Appeals backed the National Labor Relations Board’s position that employee social media postings are protected concerted activity under federal law, even if they use obscenities that...more
Many, if not most employers maintain policies regarding disclosure by employees of confidential business information. Sometimes these policies appear in employee handbooks, and sometimes employees are required to sign...more
Section 7 of the National Labor Relations Act protects employees’ rights to engage in “concerted activity.” Concerted activity means persons acting on behalf of two or more employees with regard to issues involving terms and...more
Last April, President Obama issued Executive Order 13,665, prohibiting federal contractors and subcontractors from publishing or enforcing rules intended to keep employees from discussing their compensation. On September 10,...more
Last week’s EmployNews reported on efforts by the Equal Employment Opportunity Commission to attack employer-prepared releases because they supposedly do not contain adequate assurances that their terms do not prevent...more