Constangy, Brooks, Smith & Prophete, LLP • March 27, 2015
As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that might, in its view, violate the NationalDavid-Phippen.jpeg Labor Relations Act.
Littler Mendelson, P.C. • March 26, 2015
On March 24, the National Labor Relation Board’s Chairman Mark Pearce and General Counsel Richard Griffin, Jr. came under fire from a sharply divided group of House members during a budget subcommittee hearing. Members pressed Griffin and Pearce on the recent string of NLRB policies that will have a significant impact on labor policy and the ability of employers to manage their businesses.
Constangy, Brooks, Smith & Prophete, LLP • March 26, 2015
As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that might, in its view, violate the National Labor Relations Act. Last week, apparently after hearing from labor law practitioners that guidance was needed, NLRB General Counsel Richard F. Griffin, Jr., issued a report attempting to explain several years of Board decisions and positions taken by his office. His stated goal was “to offer guidance on . . . this evolving area of labor law, with hope that it will help employers to review their handbooks and other rules, and conform them, if necessary, to ensure that they are lawful.”
Phelps Dunbar LLP • March 25, 2015
The general counsel for the National Labor Relations Board (“NLRB”) recently issued guidance for employers in crafting employee handbook provisions that will withstand Board scrutiny in the wake of a recent settlement of an unfair labor practice charge against Wendy’s International LLC. The 30-page report, which addresses what the general counsel describes as an “evolving area of labor law,” attempts to clarify the types of policies that the general counsel believes may have a chilling effect on employees’ concerted activities protected by Section 7 of the National Labor Relations Act (“NLRA”). If the report makes one thing clear, it is that many common, longstanding, and seemingly benign policies maintained by employers throughout the country may need to be reexamined for compliance.
Franczek Radelet P.C • March 24, 2015
Over the past several years, employers have struggled to reconcile handbook and other personnel policies with decisions of the National Labor Relations Board. Drawing lines more nice than obvious, the NLRB has invalidated many common handbook policies under the theory they interfere with employee rights to engage in protected, concerted activity under Section 7 of the National Labor Relations Act. Last week, in an effort to inject clarity into a muddled area of law, NLRB General Counsel Richard Griffin issued a memorandum (GC Memo) comparing and contrasting lawful and unlawful employer policies and offering insight into the NLRB’s decision-making rationale.
Littler Mendelson, P.C. • March 23, 2015
Labor and employment-related bills are once again becoming popular at the federal level. With less than a month before the April 14 effective date of the National Labor Relations Board's "ambush" election rule, and the same day the House approved a resolution to try to stop the rule's implementation, lawmakers are attempting to shape labor-management relations through other means.
Brody and Associates, LLC • March 20, 2015
In December, the National Labor Relations Board (“Board”) overturned a 2007 decision and held that employee use of company email for union and other protected communications on non-working time must be permitted by employers who give employees access to company email. The Board’s key argument is that in today’s industrial world, email has become a key communication tool in the workplace.
Jackson Lewis P.C. • March 20, 2015
In its bid to make the National Labor Relations Act more relevant, especially to unrepresented employees who comprise a large majority of the nation’s workforce, the National Labor Relations Board is policing aggressively employee handbooks and other employer policies that it believes “chill” employee rights under the NLRA. Following a number of recent NLRB decisions focusing on the lawfulness of employer rules/policies, the NLRB’s Office of the General Counsel has issued guidance for the stated purpose of assisting employers in reviewing internal personnel policies to ensure compliance with the NLRA. Memorandum GC 15-04 was released to the public on March 18, 2015.
Jackson Lewis P.C. • March 20, 2015
A bulletin on employment, labor, benefits and immigration law for employers.
Fisher & Phillips LLP • March 20, 2015
In the words of House Education and the Workforce Committee Chairman John Kline, R-MN, “Today, Congress voted to stop an unelected board of bureaucrats from trampling on the rights of America’s workers and job creators.”