About a year ago, the National Labor Relations Board (NLRB or Board) struck down another neutral employer workplace rule – this one against making unauthorized recordings in the workplace. The NLRB’s decision just was affirmed by the federal appeals court in New York this month. It seems that yet another common sense rule bites
Labor Laws & Rights
Blacklisting Executive Order Blacklisted
President Obama and his EO’s
Remember the Blacklisting Order that required federal contractors to provide a rap sheet with a proposal? No? Well, President Obama issued 275 Executive Orders during his two terms on various subject matters, some of which were fairly controversial, the Blacklisting Order included. Back in 2014, he issued several high-profile executive…
Son of Noel Canning? Worst Blog Title Ever? Supreme Court Takes Another Shot at NLRB Vacancy History
How important are the titles “temporary” or “permanent” when it comes to an appointee to run a federal agency? Apparently, very important. On March 21, the U.S. Supreme Court waded back into the messy timeline of President Obama’s attempts to appoint members of the National Labor Relations Board (NLRB).
Why Are We Talking About President…
Class Warfare: Supreme Court Agrees to Hear Cases on Arbitration Class Action Waivers
The NLRB wants to stop class action waivers in employment arbitration agreements, arguing they violate the National Labor Relations Act. This issue has been raging for several years and divided federal courts. As reported in our November 2, 2015, blog post, the Fifth Circuit Court of Appeals upheld a class action waiver in the…
President Trump—How Will He Change the Courts and What Does that Mean for Employers? (3rd in a 3 Part Series)
In this final post in a three-part series on what employers can expect from the new Trump administration, we consider possible Supreme Court nominees and future rulings affecting labor and employment law.
Judicial Appointments
President Trump’s election injects uncertainty into the Supreme Court’s makeup and future rulings, including employment-related cases. Because the Senate did not…
Shock the Monkey: Police Officer Photo Post on Social Media Costs Him His Job
When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an inappropriate (arguably racist) Facebook posting. While on duty (but on a break), Officer Meador posted to his public Facebook page…
Employers Hold Up on the Hand Out Policies: 11th Circuit Classifies Company Non-Solicitation Policy as Overbroad
You know that short non-solicitation policy in your handbook that says don’t handout stuff at work that doesn’t have to do with work that you think is clearly legal? Think again. A recent Eleventh Circuit decision agreed with a National Labor Relations Board (NLRB) opinion that found a one line non-solicitation policy to violate employees’…
West Coast—Time to Check Your Employment Agreements: Ninth Circuit Negates No-Class Action Clause in Arbitration Agreements
This week, the Ninth Circuit held that Ernst & Young’s (E&Y) arbitration agreement that prohibited its employees from filing class actions violates the National Labor Relations Act (NLRA). E&Y required as a condition of employment that its employees sign an agreement stating that they could not bring any class action or concerted claim regarding wages,…
Vive Les Email Liberte! French Law Locks Down Weekend Communications with Employees
In an effort to combat work-related burnout, the French government has a new labor law requiring employers with at least 50 employees to adopt written policies restricting the hours during which employees can send or receive emails, text messages, or any other digital, work-related communication. The goal is to cut the electronic leash that constantly…
Bring on the Chain Mail: NLRB Strikes Down Another Facially Neutral Email Use Policy
A National Labor Relations Board (NLRB) judge has struck down Caesar’s Entertainment Corporation’s policy that prohibited employees’ using the company email system to distribute “nonbusiness” information. Why, you ask? According to the judge, the policy infringes on employees’ rights to form a union.
Why does this matter to you if you don’t have a union?