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As the National Labor Relations Board (NLRB) continues its assault on employer personnel policies, certain policies seem to be getting particular attention. Various recent NLRB opinions have imposed a number of limitations on employee social media policies. Even those employers without unions need to pay close attention to these opinions and think very carefully when implementing and enforcing social media policies.…
For the past few years, the National Labor Relations Board (NLRB) has been on the warpath over employer personnel policies (and in turn, we at Labor & Employment Law Perspectives have missed few opportunities to point out the NLRB’s relentless campaign against employers). Policy language which had been commonplace and acceptable for decades has suddenly been deemed to have a “chilling” effect on employee rights under federal labor law, and therefore, is illegal under the…
A recent decision from the Court of Appeals for the District of Columbia provides a result that employers may often think they do not see enough in labor and employment law: a common sense solution to a situation that confronts them often – what to do under federal (and potentially state) statutes requiring reasonable accommodation for an employee on what becomes a virtually indefinite leave of absence. The decision shows that there are indeed limits…
Non-union employers are often under the misimpression that they are not affected by the National Labor Relations Act (NLRA) — the federal statute governing union-related issues in the private sector. A recent court decision stands as yet another reminder that this is not the case, and that non-union employers can still run afoul of the NLRA’s ever-changing requirements (and that employees and their advocates are increasingly using the NLRA to pursue claims against employers, even…
With Republicans now controlling both houses of Congress, we can expect to see the introduction — or reintroduction — of various pieces of legislation largely designed to advance the agenda of the majority party on issues affecting the American workplace, as well as blunt the ambitions of President Obama and the Democrats in that same arena. With the new Congress in session for less than two months, we have already seen proposed workplace legislation that…
Employers often implement dress code policies and practices which prohibit employees from wearing all types of buttons or insignia in the workplace. These kinds of policies may be put in place for customer relations, appearance or other purposes. Unfortunately, such a policy runs a significant risk of being found as illegal by the National Labor Relations Board (NLRB). The NLRB, with frequent support from the courts, has long held that employees have the absolute right…
Following a closely watched representation election at an automotive assembly plant in Chattanooga, Tennessee, the United Auto Workers (“UAW”), the union seeking to represent employees at the facility that suffered a stinging defeat in the election, has filed novel objections to the election with the National Labor Relations Board (“NLRB” or the “Board”). The objections raise interesting and timely concerns that may prove to become repeat issues in the ever-evolving social, political and technological…
Following a closely watched representation election at an automotive assembly plant in Chattanooga, Tennessee, the United Auto Workers (“UAW”), the union seeking to represent employees at the facility that suffered a stinging defeat in the election, has filed novel objections to the election with the National Labor Relations Board (“NLRB” or the “Board”). The objections raise interesting and timely concerns that may prove to become repeat issues in the ever-evolving social, political and technological…
Most employers communicate with their workforce about a wide variety of employment related issues — personnel policies, wage and benefit issues, organizational changes, etc. These communications — whether verbal or in writing — can be an effective way of maintaining high-quality employee relations and positive employee morale. Unfortunately, they also can provide support for employee claims of all varieties if not delivered properly and carefully. In fact, employer communications to their workforce often turn up…
Employers often utilize separation agreements for departing employees. In the most common situations, employees who are separating receive certain benefits in return for their agreement to release the employer and related parties from all claims relating to their employment. While there are numerous ways to approach such agreements, there are certain issues employers are well advised to consider regardless of the particular circumstances:…