A recent decision by the National Labor Relations Board (NLRB) in McLaren Macomb has both union and non-union employers taking a second look at their severance agreements. In the case, the board decided an employer violated the National Labor Relations Act (NLRA) by offering furloughed employees severance agreements that contained confidentiality and nondisparagement provisions. What […]
National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo recently issued a memorandum (GC 21-08) declaring certain college athletes will be classified as employees, giving them the right to unionize and engage in other protected, concerted activity. Read on to learn how things might play out in the real world.
The National Labor Relations Board (NLRB) is pondering a gnawing question: When might the display of a 12-foot inflatable rat with blood-red eyes and jagged teeth violate the National Labor Relations Act (NLRA)?
The National Labor Relations Board’s (NLRB) request for input on protection for employees who engage in profane and offensive speech signals that it may be considering a change in the factors it considers when determining if an individual’s comments go beyond what’s protected by the National Labor Relations Act (NLRA).
A U.S. Supreme Court ruling supporting the legality of class action waivers in employment arbitration agreements is welcome news to employers hoping to avoid the costly, time-consuming threat class and collective actions can bring. And it represents an opportunity more employers are advised to explore.
Decisions by the National Labor Relations Board (NLRB) are often thought of in the context of unions, but the NLRB’s decisions can affect all employers because of the federal law it enforces. Recently, the NLRB issued several decisions that reversed or significantly changed its stance on employer policies and work rules, the makeup of bargaining […]
by Tammy Binford As William Emanuel takes a seat on the National Labor Relations Board (NLRB), employers will see the panel going in a more probusiness and less union-friendly direction, Board watchers say, but it will take a while before cases come up to roll back recent decisions. Emanuel, an attorney representing management in labor […]
The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently enforced a National Labor Relations Board (NLRB) order that found a Burger King franchisee violated the National Labor Relations Act (NLRA) by declining to hire an employee for having engaged in protected labor activity.
Although confidentiality agreements that prohibit employees from discussing their salaries, benefits, or internal disciplinary investigations with other employees may sound reasonable, such policies generally violate federal labor law. A recent decision by the D.C. Circuit Court of Appeals affirmed that a Phoenix hospital’s confidentiality agreement was unlawfully restrictive of employees’ Section 7 rights under the […]
By Bridget Miller We have reported on civility training in a previous issue of the Advisor, but what really is civility training, and how can it be used to benefit your company? We have some thoughts on the matter from guest columnist Bridget Miller.