President Biden issued his executive order on “Worker Organizing and Empowerment” on April 26, 2021. In it, he stated that “it is the policy of my Administration to encourage worker organizing and collective bargaining.” In the EO, President Biden noted that while the National Labor Relations Act states that it is the policy of the
Weeding Out Claims by Agricultural Workers – The NLRA, the Agricultural Exemption, and the Cannabis Industry
In a recent Advice Response Memo, the National Labor Relations Board (NLRB) indicated that employees of a cannabis growing operation were exempt from the National Labor Relations Act (NLRA), meaning that the employees were not entitled to the NLRA’s protections. The employees had alleged that the cannabis operation interfered with their attempts to unionize,
Put ‘Em All Back in There: Federal Court Injunction Halts an Alleged Runaway Shop
Although most employers don’t want a union in their workplace, the National Labor Relations Act (NLRA) is clear: You cannot interfere with union organizing efforts. A federal district court in Kentucky recently followed this rule and ordered a company to reopen a shuttered facility and rehire the workers affected by the closure. In NLRB v.
Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It
Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace. In times of contention, stress, and uncertainty, speech often multiplies, and, in an era where someone’s speech
Happy Thanksgiving! 7 Things for Which We Are Thankful – 2020 Edition
Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can all find some bright shining blessings in what has otherwise been a
Political Speech, Conduct & Activity in the Workplace Amid A Social Justice Movement
Traditionally, it has been taboo to discuss religion, politics, or divisive matters of public concern in the workplace. Most employers want the worksite to be about work and want to avoid controversial and potentially offensive discourse. However, in the current political climate, amid a global health pandemic, and the movement for social justice gaining unprecedented
National Labor Relations Board Reverses Another Obama-Era Labor Board Ruling and Reinstates Historical Deferral Doctrine
The National Labor Relations Board in recent weeks has continued to overturn Board decisions from President Obama’s administration. In United Parcel Service, Inc., the current Republican-controlled Board returned to a long-standing legal standard for “deferring” unfair labor practices to private arbitration.
The Issue
Often when workers are disciplined, whether in a union or nonunion setting,
The NLRA, Protected Activity, and the F-Bomb
When, if ever, is swearing at your supervisor or coworkers a federally protected activity? The National Labor Relations Board (Board) currently is reconsidering what constitutes protected activity under the National Labor Relations Act (NLRA). Specifically, the board is trying to clarify when workers can be protected from discipline for using profanity or engaging in harassing
But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a Violation
Recently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification. In Velox Express, Inc. and Jeannie Edge, the NLRB determined that misclassification of an employee as an independent contractor alone does not violate the National Labor Relations Act (NLRA).
Background
Velox
Never Too Late to Arbitrate? Tips on Getting Your Agreement On
Do your employees sign arbitration agreements? If so, do your arbitration agreements prevent employees from joining class actions against your company? Does your company want to start requiring arbitration agreements? If “yes” is the answer to any of these questions, some recent court decisions raise a few issues to keep in mind.
Let’s first take