While the return of spring is a happy time for baseball fans, employers may be feeling a little less festive this April. Companies across the U.S. have been bracing for two significant regulations that were expected to be...more
4/24/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
This holiday season, the National Labor Relations Board (NLRB or the “Board”) has bestowed a gift on organized labor. On December 26, 2023, significant, labor-friendly changes made by the NLRB for processing representation...more
On Friday, August 25, 2023, The National Labor Relations Board (NLRB) issued a highly anticipated decision in Cemex Construction Materials Pacific, LLC which fundamentally shifts the paradigm governing how unions organize...more
8/29/2023
/ Collective Bargaining ,
Final Rules ,
Labor Relations ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Secret Ballot ,
Unfair Labor Practices ,
Union Elections ,
Unions ,
Worker Representation
Over the past decades, standards for profanity, inappropriate social media use, and other workplace issues commonly addressed in employee handbooks have changed along with the political makeup of the National Labor Relations...more
Last week, the National Labor Relations Board (NLRB) issued a Decision and Order that fundamentally alters the legality of nondisparagement and confidentiality clauses in employee severance agreements. ...more
Prior to Tuesday, July 21, offensive employee conduct committed in the course of otherwise protected activity under the National Labor Relations Act (the “Act”) was more often than not shielded from employer discipline. ...more
Back in December 2019, HRLegalist blogged about the National Labor Relations Board’s (“NLRB”) new union election rules. This set of rules was a sweeping series of reforms that sought to slow down the union elections process,...more
Today, the National Labor Relations Board (“NLRB”) publicized its restructuring of some union election procedures that were widely known by employers as the “Ambush Election Rule,” which was rolled out in 2014. While not a...more
Are you an employer in New York State or New York City? Did you comply with the new sexual harassment training law yet? As previously covered by HRLegalist, on October 9, 2018, the State of New York imposed on both public...more
Can employees record conversations at the workplace without the consent of the speakers? Or, can an employer enforce a policy that prohibits employees from recording conversations at work unless they have the consent of all...more
As our readers may recall, last year HRLegalist previously reported how the National Labor Relation Board’s (“Board”) quickie election rules would impact an employer’s ability to counter a union’s organizing efforts by...more
On August 4, 2016, the U.S. Department of Labor (“U.S. DOL”) and the Pennsylvania Department of Labor and Industry (“PA DOL”) signed a memorandum of understanding (MOU) to coordinate efforts, by sharing information and...more
The National Labor Relations Board has once again delivered a blow to employers by overturning a decision (and standard) that required the consent of a regular employer and the employer of temporary staff to allow both sets...more
By Memorandum GC 16-03, issued on May 9, 2016, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Richard Griffin, instructed the NLRB’s Regional Directors to issue a complaint in any unfair labor...more
In a trend that shows no signs of slowing down, lawsuits continue to be filed against employers for violating the Fair Credit Reporting Act’s (“FCRA”) strict requirements concerning background check disclosure forms. If the...more
Spring is beginning to bloom and for many of us this means taking time to stop and smell the flowers. However, those delightful smells of spring can trigger annoying and sometimes painful physical reactions for many who...more
Although no one reading this article would disagree with the premise that employers cannot and should not tolerate bigotry from anyone in their workforce, the NLRB apparently thinks otherwise. In a troubling decision handed...more
Today, in an anxiously awaited decision, the National Labor Relations Board gave unions an early Christmas present by overturning a previous ruling and providing employees the right to use their employer’s email system to...more
Employers across a number of industries are required by state or local laws to exclude from their workforce employees with certain criminal backgrounds. For example, Ohio state law prohibits school districts from employing...more
In August 2014, by Memorandum OM 14-77, the National Labor relations Board (NLRB) notified its Regional Offices that NLRB agents should take an active role in notifying employees who file unfair labor practice charges of...more
On February 4, 2014, the National Labor Relations Board (“NLRB”) announced that it was issuing proposed amendments to the rules governing union representation elections. The proposed amendments are identical to the changes...more