Tag: NLRB

Unions: How Far Can We Go in Discouraging a Union Drive?

We’ve gotten word that a union is going to try to organize our manufacturing arm’s workers. I’m not sure what to tell the managers and supervisors about how far they can go to encourage their workers to reject the union. Can you give some general guidelines? — Thomas T., HR Manager in Berkeley

NLRB Issues Two More ‘Supervisor’ Decisions

The National Labor Relations Board (NLRB) has recently decided two more “supervisor” cases under its new standard. The decisions are in addition to one the Board recently issued that shed some light on the often murky question of which employees are considered supervisors rather than “lead employees” under the National Labor Relations Act (NLRA). That […]

Disciplinary Meetings: NLRB Revokes Nonunion Employees’ Right to Representation During Investigatory Interviews; Practical Impact

In 1975, the U.S. Supreme Court in the case of National Labor Relations Review Board (NLRB) v. Weingarten gave workers the right to bring a union representative to an investigatory interview conducted by the employer. Following that decision, the NLRB flip-flopped on whether nonunion workers also had these so-called “Weingarten rights”—specifically, whether they could have […]

Sexual Harassment: California’s High Court Affirms Automatic Liability for Harassment by Supervisors, But Employers Can Take Steps to Limit Victim’s Damages

In a new ruling, the California Supreme Court has affirmed employers are automatically liable for sexual harassment committed by supervisors, but damages for an employee who doesn’t take reasonable steps to avoid or report supervisor harassment can be reduced. We’ll examine the new case and suggest smart employment practices that can help you limit damages—and […]

Disability Discrimination: Supreme Court Upholds Non-Rehire-for-Drug-Use Policy Violation; Caution Still Required. 3 Practices to Keep You Out of Court

The U.S. Supreme Court has upheld an employer’s refusal to rehire a former employee who violated the company’s drug use policies. This means employers may continue to use neutral policies, but an employee can still prove the employer intentionally discriminated against them and is just using the policy as a pretext to hide wrongdoing. We’ll […]

Terminating Employees: Firing Employee for Discussing Family Leave Rights with Co-Workers Violated NLRA; Even Nonunion Employers Must Be Cautious

Most employers know the National Labor Relations Act (NLRA) protects an employee’s right to participate in union activities. But the law is actually much broader than that. It also covers workers—union and nonunion—who join together to protest or seek changes in the terms and conditions of their employment. Retaliation against an employee for engaging in […]