News & Analysis as of

Disclaimers Employee Handbooks At-Will Employment

Burr & Forman

The state of at-will employment in South Carolina

Burr & Forman on

My articles usually analyze a particular case and the impact of the court's decision on the relationship between employers and employees. With the release of a number of decisions addressing employment at will earlier this...more

Jaburg Wilk

The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

Jaburg Wilk on

Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that...more

Dorsey & Whitney LLP

Utah Supreme Court Confirms Employee Handbook Disclaimer Can Protect Utah Companies from Implied Contractual Claims

Dorsey & Whitney LLP on

A recent Utah Supreme Court decision drives home to companies with employees in Utah that a clear and conspicuous disclaimer in a prominent point of an employee handbook goes a long way to protecting the company from any...more

Foley & Lardner LLP

NLRB Offers Advice on At-Will Employment Handbook Language

Foley & Lardner LLP on

It is a good, standard practice for employers to include a provision in their employee handbooks, where applicable, to clarify that the terms of employment in the handbook do not alter the at-will status of the employer’s...more

McNees Wallace & Nurick LLC

NLRB Provides New Guidance on At-Will Employment Provisions

On October 31, 2012, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued two advice memoranda addressing at-will provisions in employee handbooks. In both cases, the NLRB concluded that the...more

Fisher Phillips

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

Fisher Phillips on

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

FordHarrison

Snap Back to Reality: NLRB Steps Back from the Ledge on Employment At Will

FordHarrison on

Executive Summary: Following recent attacks on the employment at-will doctrine by one of the NLRB's Regions, the Board has stepped its position back somewhat, issuing two Advice Memorandums through its Associate General...more

Constangy, Brooks, Smith & Prophete, LLP

A Halloween Treat for Employers? – NLRB's Acting General Counsel Issues Advice on At-Will Employment Statements

On Halloween, Lafe Solomon, Acting General Counsel for the National Labor Relations Board, issued two Advice Memoranda addressing whether employment-at-will statements in two employee handbooks violated Section 7 of the...more

Proskauer - Labor Relations

NLRB Division, Some “At-Will” Clauses Ok

The Board’s excruciatingly close scrutiny of employer policies continues as the agency looks for opportunities to expand its juridiction by rooting out all evil lurking in handbooks and other written employment policies....more

Morgan Lewis

NLRB’s Division of Advice Finds Two At-Will Employment Policies Lawful

Morgan Lewis on

Advice memoranda describe limits of potential challenges to at-will employment policies under the NLRA. On October 31, the National Labor Relations Board's (NLRB's or Board's) Division of Advice issued two memoranda...more

FordHarrison

NLRB Takes on At-Will Employment

FordHarrison on

Executive Summary: During the past year, the National Labor Relations Board has begun chipping away at the employment at-will doctrine. Based on the activities of one of its regional offices, the Board appears intent on...more

Nexsen Pruet, PLLC

Employers Law Update - Employers Beware: NLRB Challenges Established HR Practices

Nexsen Pruet, PLLC on

The National Labor Relations Board (NLRB) has issued a number of recent opinions questioning and, in some instances, invalidating common employer practices and policies on the grounds of protecting employee rights under...more

Orrick - Employment Law and Litigation

Recent NLRB Decisions Challenge At-Will Disclaimers and May Impact HR Investigations

Earlier this year, in D.R. Horton, Inc., 357 NLRB No. 184 (Jan. 6, 2012), the National Labor Relations Board (“Board” or “NLRB”) held that mandatory arbitration agreements requiring all employment disputes to be resolved...more

Morgan Lewis

NLRB Extends Reach to Nonunion Workplaces

Morgan Lewis on

Recent cases challenge at-will employment, confidentiality, dispute resolution, and social media policies in nonunion workplaces. Over the last few years, the National Labor Relations Board (NLRB) has taken more...more

Polsinelli

Impact of Two Small Words Could be Significant: "At-Will" in the NLRB Cross-Hairs

Polsinelli on

Appearing before a state bar association recently, the National Labor Relations Board ("NLRB") acting General Counsel, Lafe Solomon, said that the agency will seek to strike down at-will provisions in employment handbooks as...more

Pullman & Comley, LLC

Guest Post: NLRB Acting General Counsel Addresses At-Will Disclaimers and More at CBA Annual Meeting

Pullman & Comley, LLC on

On Monday, the Connecticut Bar Association held its annual meeting. Lots of labor and employment law topics were covered, some of which I missed. I’ve asked one of my bar colleagues, Rita Trivedi — who will be a Teaching...more

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