Tag: Protected Concerted Activity

NLRB rejects common handbook policies barring ‘negativity’

by Brian R. Garrison The National Labor Relations Board (NLRB) has been focusing its attention on policies in nonunion companies’ employee handbooks, finding certain policies violate the National Labor Relations Act (NLRA) by restricting employees’ ability to engage in protected concerted activity. Continuing that trend, the NLRB recently found that work rules barring employees from […]

Rumor has it . . . the NLRB is cracking down on no-gossip policies

by Christopher J. Pyles Apologies to Adele, but the National Labor Relations Board (NLRB) has whispered some words in my ear that tell a story employers won’t want to hear. People may say crazy things ― and the NLRB won’t let a “no-gossip” policy stop them.   Pssst, did you hear? By now, most employers are […]

Keeping policies legal: Don’t ban employees from talking about pay

It’s tempting for employers to put rules in the company handbook informing employees that they are prohibited from discussing wages and benefits with coworkers. Such policies often warn employees that violators will be subject to discipline up to and including termination.  But who’s really in trouble because of that kind of policy? The employee polling […]

Ringing in 2014: It’s time to take a look at your policies and employee handbook

by Jeanine Poole The turn of the year is often a good time to review company policies. We’re weighing in with some favorite perennial professional resolutions and perhaps a few new suggestions that might make for a happy 2014.  What’s in a policy? In the employment world, issues involving e-mail, the Internet, and social media […]

A holiday gift from the NLRB to employees

by Lauren E.M. Russell This has been a year of radical decisions from the National Labor Relations Board (NLRB), nearly all of them favoring employees. With the appointment of a new General Counsel, the Board is poised to continue its current trend of invalidating long-accepted employer practices.  New General Counsel The NLRB recently announced that […]

Just how safe is your handbook’s at-will employment statement?

by Tammy Binford It’s hard to think of anything more sacred to employers than the doctrine of employment at will. Employers have long been advised to make sure their employees are aware of their at-will status, meaning that unless employees have an employment contract, they can be terminated for good reason, bad reason, or no […]

Another shot across the bow: NLRB challenges ‘at-will’ statements

by Jeff Hurt Nonunion employers must be scratching their collective heads over the recent shelling they’ve been getting as the National Labor Relations Board (NLRB) seeks to make union organizing easier: proposed labor law posting requirements, “quickie” election rules, and strict limitations on employer social media policies. While some of those initiatives are on hold, […]

Can you silence investigation participants without ruffling feathers?

by Chris Chrisbens Do you instruct or ask employee witnesses to keep the subject matter of a workplace investigation and your interview confidential when you conduct an investigation? Are there consequences for employees who breach confidentiality? For years, HR professionals regularly have given those instructions and been trained by experienced investigators and the Equal Employment […]

What to Do When Contagious Illnesses Come to Work

by Susan Fahey Desmond You’ve probably had enough of hearing about the swine flu (now called the H1N1 virus). It’s front-page news across the world. We are now in a full pandemic as defined by the World Health Organization, but the first thing to understand is not to panic. Your company may already have been […]