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
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
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
Would 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
By: Tracy Billows
Although employers are not required by law to have employee handbooks, if an employer chooses to go down such a path, legal compliance and being current with latest trends is a must. A non-compliant employee handbook can be used in claims of discrimination, union grievances, and other employee-employer disputes. Does your employee handbook need to be updated?
Continue Reading Test Your Knowledge: Employee Handbook True/False Quiz
Picture this. You arrive at work only to be met by the employee who always seems to know everything about all that’s going on and that person hands you a copy of the “tweet” that another employee posted right before arriving at work this morning. The tweet reads: “Whoa, just ran someone over on my way
Continue Reading Wait…What Did He Say? (Or, What To Do When Your Employee’s Tweet Goes Viral)
This blog recently discussed the upswing in EEOC retaliation charges and what employers can and should do about this undeniable trend. A National Labor Relations Board (NLRB) case now before the D.C. Circuit Court of Appeals on appeal provides a powerful reminder that non-union employers must also be concerned about retaliating against employees for exercising their
Continue Reading Retaliation is the New Discrimination Under the National Labor Relations Act.