For years, employers seeking to enforce anti-discrimination and harassment policies have faced a vexing Catch-22. While Title VII and other federal and state laws require employers to take action against employees who engage...more
In its Boeing Co. decision, the National Labor Relations Board established a relaxed standard for determining whether company policies unreasonably interfere with employees’ right to engage in concerted activity under Section...more
Last week, a federal district court granted summary judgment to the AFL-CIO in response to its challenge to new National Labor Relations Board regulations intended to slow the process for unionization elections. The rules...more
Many employers have received employee concerns about potential exposure to the coronavirus in the workplace. Employees may express their general reluctance to return to the workplace or may ask why an employer is not...more
On Tuesday, the National Labor Relations Board published final regulations that make important changes to the way union election campaigns are conducted – and legally challenged by either the union or employer. The most...more
Last Wednesday, the National Labor Relations Board issued final regulations substantially curtailing circumstances under which two employers can be deemed co- or joint employers under federal labor law. The final rule follows...more
In a well-publicized incident in 2017, Google terminated an employee who circulated a memorandum opposing the company’s diversity program. The employee claimed that innate differences between the sexes made females less...more
The National Labor Relations Board’s landmark Boeing Co. decision set a new legal standard for determining whether employer policies interfere with employee rights to engage in protected concerted activity under federal labor...more
Last month, the National Labor Relations Board continued its recent pattern of reversing controversial pro-employee decisions made when Democrats held a majority of board seats. These cases affect employer rules governing...more
In 2014, the National Labor Relations Board adopted regulations that considerably shortened the time period between certification of a petition for union recognition and the election on this question. In addition, the rules...more
In its decision last term in Epic Systems Corp. V. Lewis, the U.S. Supreme Court concluded that the National Labor Relations Act does not preclude the use of mandatory arbitration agreements in employment which prevent class...more
12/11/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Employer Liability Issues ,
Epic Systems Corp v Lewis ,
Equal Employment Opportunity Commission (EEOC) ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC)
As noted previously in EmployNews, Section 7 of the National Labor Relations Act protects concerted activity by employees who complain about terms and conditions of employment. Obviously, email and social media did not exist...more
In the wake of its Boeing decision, the National Labor Relations Board continues to analyze various employee handbook and other policies to determine if they interfere with Section 7 employee concerted activity rights. On...more
Since 2000, the National Labor Relations Board has taken the position that some graduate students who are paid for teaching and research functions by private colleges and universities qualify as employees eligible to organize...more
On the heels of its 2018 Boeing decision, the National Labor Relations Board continues to provide employers with guidance regarding acceptable and unacceptable restrictions on employee social media use. In a September 12...more
Unionized employers generally know that federal labor law prevents them from altering material terms and conditions of employment for the bargaining unit without first negotiating with the union. On September 10, the National...more
The National Labor Relations Board continues its efforts to revisit earlier decisions that expanded protections for employees engaged in concerted or union activities. On September 5, the board announced it is soliciting...more
Employers should realize by now that misclassification of employees as independent contractors can result in a host of legal problems. These include claims based on failure to withhold taxes, provide unemployment and Workers’...more
The National Labor Relations Board continues to provide guidance with respect to employers’ attempts to regulate employee social media behavior. In its Boeing Co. decision, the board made it significantly more difficult for...more
The National Labor Relations Act guarantees employees the right to engage in protected concerted activity, meaning two or more employees objecting to terms and conditions of employment. Most recent concerted activity cases...more
Following its Boeing Company decision, the National Labor Relations Board continues to issue advisory opinions regarding the legality of common employer policies under the National Labor Relations Act. The policies are...more
When employers establish internal forums for employee comments, they may not anticipate that employees will use this as an opportunity to criticize the company and management. Employers also may not realize that such...more
Section 7 of the National Labor Relations Act protects employee “concerted activity.” Concerted activity means two or more employees engaging in discussions or actions intended to address terms and conditions of employment....more
In its 1988 Beck decision, the U.S. Supreme Court concluded that non-union members who were part of a collective bargaining unit could not be assessed dues for purposes other than collective bargaining or other matters...more
In a decision with major implications for companies in the “gig economy,” on January 25 the National Labor Relations Board reversed an Obama-era case that established a tougher test for companies to contend that their workers...more