I have to say this almost daily, and I’ll say it again here: general harassment at work is not illegal. Harassment because you are you is not illegal. Bullying is not illegal. However, bullies tend to pick on the weak
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Mandatory Religious Liberty Training By Extremist Anti-Abortion Group Coming To Your Workplace
In a WTAF moment I’m still trying to process, Southwest Airlines has been ordered to provide religious liberty training to its lawyers. The training is part of the remedy a judge appointed by TFG has ordered after the airline lost…
Does Your Noncompete Agreement Violate the National Labor Relations Act?
The NLRB General Counsel is taking the position that noncompete agreements in employment and severance agreements violates the National Labor Relations Act.Non-compete provisions are overbroad, that is, they reasonably tend to chill
employees in the exercise of Section 7 rights,…
Fired for Advocating for Non-Employees? You May Have Rights
The National Labor Relations Board has ruled that employees who advocate for non-employees such as applicants and interns are legally protected by the National Labor Relations Act. The NLRB Chair said, ““Standing in solidarity can be a protected act regardless…
BREAKING: If Employer Commits Unfair Labor Practice Before Union Election, Union Is Automatically Recognized
In a total game-changer, the NLRB has ruled today that, where an employer commits unfair labor practices before a union election, the union is automatically recognized and the employer must bargain. It doesn’t appear to apply to every unfair labor practice…
EEOC Issues New Rules for Pregnant Workers
The Pregnant Workers Fairness Act is now in effect, as of June 27, 2023. It applies to most employers with 15 or more employees. It requires employers to grant reasonable accommodations to employees with known limitations related to pregnancy, childbirth, or…
New NLRB Handbook Rules Means Many Employer Handbook Provisions Are Illegal
NLRB has issued a new standard for evaluating employer work rules and employer handbooks. It applies to non-union and union workplaces that are covered under the National Labor Relations Act, which means most employers are covered. Under the new standard,…
Don’t Expect Noncompete Relief Until Next Year Says FTC
Although we’ve been hoping that the FTC would come through on its proposed rule banning or limiting noncompete agreements, it looks like we’ll have to wait. They’ve announced they won’t be voting on the final rule until April 2024. That’s bad…
Did The Supreme Court Just Make It Legal To Discriminate?
As I’m sure you’ve heard unless you’ve been in outer space for the past couple weeks, the Supreme Court ruled that a person who thinks she might want to have a web designer business (but who has never actually designed…
NLRB Says Employee Outbursts Regarding Working Conditions Are Protected
The Biden NLRB recently overturned a Trump-era case that allowed employers way too much discretion to fire employees who engage in alleged unprofessional behavior when discussing working conditions. The case involved a union activist who was fired. The behavior that…