Tag: Section 7 rights

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 […]

Ebola outbreak sparks legal questions for employers

Employers have dealt with health scares before. Maladies ranging from the common cold to virulent strains of flu often prompt employers to post hand-washing reminders, offer onsite vaccinations, and encourage sick employees to stay home. But the challenge intensifies in the midst of a disease outbreak as serious and frightening as Ebola.  As the deadly […]

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 […]

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 […]

Handle with care: Even nonunion strikers can present risk

Low-wage workers in cities across the country carried signs and voiced demands for higher pay last week, but those strikes and similar work stoppages last May differ from traditional walkouts. Unlike in most strikes, the picketers aren’t part of a union although they are getting encouragement from organized labor, especially from the Service Employees International […]