In light of a recent NLRB decision, employers should consider whether employee handbooks and policies are compliant.
Why compliance-minded employers should review their employee handbooks now
Monitoring and Management Tech is on the NLRB’s Radar
On October 31, 2022 the General Counsel of the National Labor Relations Board released a memo urging the Board to adopt a “new framework” for protecting employees from “intrusive or abusive” forms of electronic monitoring and automated management technologies that interfere with employee rights to self-organize and to engage in collective bargaining under Section 7
NLRB Proposes New Rule Impacting Union Elections and Voluntary Recognition
The National Labor Relations Board is proposing to rescind its current rule that allows:
- Representation elections to proceed even when there are pending unfair labor practice charges alleging employee free choice has been compromised;
- Challenges to the representative status of a voluntarily recognized before there has been a reasonable period for collective bargaining; and,
- Election
D.C. Circuit vacates NLRB’s order on port union recognition
In a recent decision, Everport Terminal Services, Inc. v. National Labor Relations Board, the United States Court of Appeals for the District of Columbia Circuit granted petitions for review and vacated the National Labor Relations Board’s (NLRB) ruling that an employer had committed an unfair labor practice by favoring one mechanics’ union
NLRB Gives Notice of Proposed Rulemaking on Joint-Employer Standard
The National Labor Relations Board (NLRB) has embarked upon notice and comment rulemaking to replace the final rule concerning joint employer status that has been in place since April 2020.
Section 2(3) of the National Labor Relations Act (Act) generally provides that the term “employee” under the Act is not limited
D.C. Circuit Draws Line Between Protected Labor Activities and Discipline-Worthy Employee Misconduct
Section 7 of the National Labor Relations Act (Act) gives employees the right to form unions, bargain collectively and to “engage in other concerted activities for the purpose of … mutual aid or protection”. Speaking out about conditions of employment on behalf of a group of employees would fall within this protection. And, section 8
9th Circuit Says NLRB Can Order Employer to Pay Union’s Legal Fees Incurred in Collective Bargaining
The National Labor Relations Act (Act) states that it is an unfair labor practice for an employer to refuse to bargain collectively with its employee representatives (i.e. a union).
Recently, the United States Court of Appeals for the 9th Circuit confirmed that when this happens, an employer may have to reimburse its union the
When responding to a union’s request for information, employers should look before they leap
A recent National Labor Relations Board decision, General Aire Systems, Inc. (371 NLRB No. 120), reminds employers of some pitfalls they may face when handling a union’s request for information, and steps that may be taken to minimize associated legal risks.
By way of background, when a union has a collective bargaining relationship with an
Time to update your employee handbook
For many employers, the arduous task of reviewing and revising an employee handbook may occur as infrequently as every leap year, or worse, only after a law suit has been filed. However, recent decisions by the National Labor Relations Board (Board) should cause employers to take a much closer look at their employee policies and
Ninth Circuit adds to circuit split regarding enforceability of class action waivers
On August 22, 2016, the U.S. Court of Appeals for the Ninth Circuit joined the Seventh Circuit in finding that an employer violates the National Labor Relations Act (“NLRA”) by requiring employees to sign an agreement including a class arbitration waiver.
In Morris v. Ernst & Young, plaintiffs were required to sign “concerted action