By: Ashley K. Laken, Esq.

Seyfarth Synopsis: NLRB rules that the operators of the Detroit Masonic Temple unlawfully refused to bargain with a union that represented various engineers and maintenance workers at the temple, even though none of the remaining members of the bargaining unit were union members.

NLRB Chairman Pearce and Members Miscimarra and McFerran unanimously ruled that the
Continue Reading NLRB Finds that Employer Unlawfully Refused to Bargain with Union

By Michael Rybicki, Esq.

Seyfarth Summary: The relevance of the National Labor Relations Act to industries and business sectors that have not traditionally had to deal with its implications – such as hedge funds.

The New York Times recently ran on the front page of its business section a lengthy article discussing the National Labor Relation’s Board challenge to
Continue Reading The NLRB Continues To Go After Non-Union Employers in Industries it Has Historically Not Targeted

By Erin Dougherty Foley and Craig B. Simonsen

Compliance Concept on İnterface Touch ScreenSeyfarth Synopsis: A couple of Circuit Court decisions last week may cause some trepidation for your company’s HR managers as they shuffle through the off-duty activities of company employees that get brought onto the company’s property and into its business. This blog offers some comments on the decisions, and recommendations for employers.
Continue Reading Guns and Motorcycle Clubs Oh My! – What’s an HR Manager To Do?

By Howard Wexler, Esq. and Samuel Sverdlov, Esq.

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated the National Labor Relations Act (“NLRA”).

In Casino Pauma, the NLRB’s General Counsel (“GC”) alleged that four of the employer’s handbook policies
Continue Reading NLRB Tells Employers to Mind their Own Business

By Kevin A. Fritz and Rashal Baz

Seyfarth Synopsis: New EEOC study calls for employers to “reboot” workplace harassment prevention efforts, outlines statistics, risks and administrative recommendations.

On June 20, 2016, two Commissioners of the U.S. Equal Employment Opportunity Commission (“EEOC”) presented their findings of a fourteen month workplace harassment study in Washington, D.C.

The U.S. Supreme Court created a
Continue Reading Workplace Harassment: EEOC Challenges Employers To Step-Up Their Approach

By Scott Rabe and Samuel Sverdlov

Seyfarth Synopsis: With seemingly every employee having access to a smart-phone or other recording device, employers without strong social media policies may be placing themselves at greater risk of creating workplace incidents that could be avoided. 

Just a few weeks ago, a video leaked of Los Angeles Lakers rookie, D’Angelo Russell, recording teammate, Nick
Continue Reading Off the Record? Workplace Perils of Video Recording and Social Media

By Kyllan B. Kershaw, Esq.

Seyfarth synopsis: The Board majority holds firm to its standard for evaluating employer work rules despite Member Miscimarra’s vigorous dissent advocating for a new, clearer standard that takes into account an employer’s legitimate business justifications.

Last Wednesday, a split Board panel (Hirozawa, McFerran) held in William Beaumont Hospital and Jeri Antilla, 363 NLRB No.
Continue Reading Unworkable Employer Work Rules: The Board Once Again Makes Perfection the Enemy of the Good

By Robert B. Milligan

As January quickly passed by and new projects increase by the day, there is still a golden opportunity to capitalize on some low-hanging fruit to immediately improve your company’s practices and add immediate value to your company.

The opportunity lies in improving your company’s restrictive covenant and confidentiality agreements and confidentiality policies.  Below are five tips
Continue Reading Five Easy Tips for Improving Your Company’s Non-Compete and Confidentiality Agreements and Related Practices Now

By Kevin A. Fritz and Craig B. Simonsen

iStock_000048141232_LargeWould your company’s employee handbook pass a National Labor Relations Board (NLRB) social media review and investigation?

The U.S. Chamber of Commerce highlighted some troubling notions in a report issued last week: “Theater of the Absurd: The NLRB Takes on the Employee Handbook” (Chamber Report). The Chamber Report notes that
Continue Reading NLRB, Social Media, and Employee Handbooks

By Bradford L. Livingston, Esq.

On the eve of a new college football season, the referees at the National Labor Relations Board (NLRB) got it right on instant replay: they called off the game. In a ruling yesterday, the NLRB’s five Members unanimously declined to assert jurisdiction over Northwestern’s scholarship football athletes. There will be no union of college
Continue Reading College Football Unions: The Refs Call Off the Game