NLRB General Counsel Issues Post-Boeing Guidance Memorandum On Employer Handbook Rules

By Rachel Adams Ladeau on June 12, 2018

On June 6, 2018, National Labor Relations Board (“NLRB”) General Counsel Peter B. Robb issued a memorandum (“GC 18-04”) to NLRB Regional Directors providing guidance on how to analyze employee handbook rules in the wake of the Board’s recent decision in The Boeing Co., 365 NLRB No. 154 (2017). This guidance provides employers with a helpful road map for navigating the Board’s new three-category—and more employer-friendly—approach to evaluating the lawfulness of employer handbook rules by balancing the…

Employment Law Business Guide

The NLRB Reverses Course On Standard For Evaluating Employee Handbook Rules

By Rachel Adams Ladeau on December 15, 2017

On December 14, 2017, the National Labor Relations Board discarded its longstanding rule that facially neutral employer rules are unlawful if an employee would “reasonably construe” the rule as prohibiting an employee from engaging in protected, concerted activity under Section 7 of the National Labor Relations Act (NLRA). Moving forward, the Board held, it will balance the employer’s justification for the rule against the impact on NLRA rights, and take into account the facts and…

Employment Law Business Guide

The Importance Of Effective Personnel Documentation

By Rachel Adams Ladeau on November 1, 2017

As most human resources professionals know, documentation can often make or break an employment lawsuit. A thorough paper record of an employee’s performance problems, complaints, job requirements, attendance, and/or breaks and working time can aid employers when faced with an agency filing or lawsuit. While this paper record may not stop a legal complaint, it can provide critical leverage in settlement negotiations or result in early dismissal of a discrimination or wage and hour lawsuit.…

Employment Law Business Guide

NLRB’s Case-By-Case Scrutiny Standard For Investigative Confidentiality Rules Continues

By Rachel Adams Ladeau on April 17, 2017

On March 24, 2017, the United States Court of Appeals for the District of Columbia Circuit in Banner Health System v. NLRB, 851 F.3d 35 (D.C. Cir. 2017) again declined to rule on the National Labor Relations Board’s (“NLRB” or “Board”) position that employers cannot prohibit discussions of matters under investigation absent a specific, case-by-case determination supporting the need for confidentiality. As a result, the Board’s position that employers violate Section 8(a)(1) of the National…

Employment Law Business Guide

Seventh Circuit: Negligence Lawsuit May Proceed Against Employer Regarding Supervisor’s Off-Site Murder Of Female Subordinate

By Rachel Adams Ladeau on April 14, 2017

On March 24, 2017, the U.S. Court of Appeals for the Seventh Circuit ruled that the family of a woman murdered by her Home Depot supervisor at a family event could proceed against her former employer(s) on a theory of negligent supervision, hiring, and retention. In so holding, the Seventh Circuit adopted a broad and novel view of employers’ duty to control managers who engage in criminal activity off the employer’s premises and outside the…

Employment Law Business Guide

EEOC Extends Public Input Period on Proposed Harassment Enforcement Guidance to March 21

By Rachel Adams Ladeau on February 8, 2017

On February 3, 2017, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it would extend the notice and comment period for its proposed enforcement guidelines on unlawful harassment under EEOC-enforced employment discrimination laws. The extension, which provides an additional forty (40) days for public input, gives in-house counsel and human resources professionals a good opportunity to review and familiarize themselves with the standards by which the EEOC is likely to evaluate harassment-based discrimination claims.…

Employment Law Business Guide

Federal Court Permanently Enjoins DOL’s New “Persuader” Rule

By Rachel Adams Ladeau on November 22, 2016

On Wednesday, November 16, 2016, the U.S. District Court for the Northern District of Texas issued a permanent nationwide injunction striking down the DOL’s efforts to vastly expand the type of “persuader” activities subject to public reporting under the Labor-Management Reporting and Disclosure Act (LMRDA). See Nat’l Fed’n of Independent Bus. v. Perez, No. 5:16-cv-066 (N.D. Tex. Nov. 16, 2016). While the court’s decision was not unexpected in light of the preliminary injunction it already…

Rachel Adams Ladeau

NLRB General Counsel Issues Post-Boeing Guidance Memorandum On Employer Handbook Rules

The NLRB Reverses Course On Standard For Evaluating Employee Handbook Rules

The Importance Of Effective Personnel Documentation

NLRB’s Case-By-Case Scrutiny Standard For Investigative Confidentiality Rules Continues

Seventh Circuit: Negligence Lawsuit May Proceed Against Employer Regarding Supervisor’s Off-Site Murder Of Female Subordinate

EEOC Extends Public Input Period on Proposed Harassment Enforcement Guidance to March 21

Federal Court Permanently Enjoins DOL’s New “Persuader” Rule

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