Tag: Protected Concerted Activity

What HR can do to prevent workplace violence

by Jonathan R. Mook News reports of yet another workplace shooting have become all too frequent in our media-saturated world. The seemingly constant reports of shootings makes clear to all employers the inconvenient truth that no workplace is totally immune from the possibility that a violent incident will occur. Indeed, according to the federal Occupational […]

5 ways to finish the year on a high note

by Jan L. Fox As you began 2015, you probably made resolutions and promised yourself you would do better in the new year. As 2015 comes to a close, it’s still not too late to improve your professional practice. Here are five things an HR manager can do to bring 2015 to a successful conclusion. […]

Risky business to muzzle employee claiming harassment

When an employee complains to the human resources department that she’s the victim of sexual harassment, the proper course of action for the employer is to investigate the complaint. But once the investigation is complete and no evidence is found to support the accusation, it’s time to move on. Unfortunately, even the most thorough investigation […]

NLRB General Counsel issues guidance on lawful handbook policies

by Lisa Berg Nonunion employers often believe they don’t have to worry about decisions from the National Labor Relations Board (NLRB). Well, think again! On March 15, 2015, NLRB General Counsel Richard F. Griffin issued a 30-page memo (Memorandum GC 15-04) that provides guidance on handbook policies the NLRB considers unlawful. The memo focuses on […]

Are employer codes of conduct meaningless in today’s NLRB climate?

by Michael J. Westcott Based on the National Labor Relations Board’s (NLRB) recent attack on employer codes of conduct, employers need to rethink their approach to communicating to employees the kinds of conduct that are prohibited and expected in the workplace.  Weapon of choice: NLRA Section 7 Many “old school” employers provide employees with work […]

The NLRB―the new elephant in the room

by Mark Flora Recently, I realized that my desk was covered with recent National Labor Relations Board (NLRB) decisions (and articles about those decisions) I needed to review. The problem is, the Board is intruding into nonunion workplaces with such ferocity that it is impossible to keep up. The self-described Rip Van Winkle of government […]

Office politics: why you shouldn’t care who likes Ike

by Timothy M. Barber With another round of contentious elections upon us, employers should brush up on federal, state, and local laws related to political affiliation discrimination.  The political season Fall in America: football, brightly colored leaves falling, and another cycle of contentious elections. Recent elections have involved important issues affecting businesses and employees—issues that […]

Cursing, fighting, and screaming could be protected under the NLRA

Too bad workplaces don’t come with the technology that allows employers to replace curse words with the bleeps so often heard during profanity-laced tirades on television. Then, maybe, the National Labor Relations Board (NLRB) wouldn’t be called on to settle disputes such as one that occurred after a bikini contest at a Hooters restaurant in […]

OSHA and the NLRB gang up on employers

by Jeffrey A. Gruen The Occupational Safety and Health Administration (OSHA) will now refer all untimely retaliation claims to the National Labor Relations Board (NLRB) to determine whether an employer engaged in an unfair labor practice (ULP) under the National Labor Relations Act (NLRA).   Background On March 6, 2014, David Michaels, OSHA’s assistant secretary of […]

A Sterling reputation tarnished

by Kylie Crawford TenBrook, Best Western International, Inc. In April, recordings of Los Angeles Clippers owner Donald Sterling making racist remarks to his half-black, half-Mexican girlfriend assistant* surfaced. Among those remarks were the following: It bothers me a lot that you want to broadcast that you’re associating with black people. Do you have to? You […]