Employee Handbooks, Disclaimers

The Times They Are a-Changin’: What Employers Need to Know Now About Legislative Developments, NLRB Activities and the EEOC’s...

by Lane Powell PC - Labor & Employment Law on 11/19/2012

Prompted by many inquiries from employers about recent significant developments in workplace laws, Lane Powell provides the following overview on the Marriage Equality Act and the recreational marijuana initiative passed by...more

NLRB Offers Advice on At-Will Employment Handbook Language

by Theodore T. Eidukas | Foley & Lardner LLP on 11/13/2012

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

NLRB Provides New Guidance on At-Will Employment Provisions

by McNees Wallace & Nurick LLC on 11/12/2012

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

NLRB Provides Guidance on At-Will Employment Disclaimers

by Ballard Spahr LLP on 11/9/2012

At-will employment clauses in two employee handbooks did not violate employees’ rights under the National Labor Relations Act, according to advice memoranda issued last week by the National Labor Relations Board’s Acting...more

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

by Fisher & Phillips LLP on 11/7/2012

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

Recent NLRB Division of Advice Memoranda Regarding At-Will Disclaimers Helpful, but More Guidance Needed

by Franczek Radelet P.C. on 11/7/2012

We have updated clients about recent cases from the National Labor Relations Board (NLRB) that have invalidated employer at-will employment policies. ...more

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

by FordHarrison on 11/6/2012

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

NLRB Division, Some “At-Will” Clauses Ok

by Proskauer - Labor Relations on 11/2/2012

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

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

by Morgan Lewis on 11/2/2012

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

The "I"s Have It: NLRB Says Don’t Shred Those At-Will Disclaimers Just Yet

by Jon Hyman on 11/1/2012

The NLRB Office of General Counsel issues refreshing (surprising? relieving?) advice memoranda backing off the position that any at-will disclaimer violates the NLRA, and stating that it is willing to evaluate each on a...more

NLRB Takes on At-Will Employment

by FordHarrison on 10/19/2012

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

Recent NLRB Positions Challenge Employer Conventional Wisdom

by Dinsmore & Shohl LLP on 10/1/2012

The National Labor Relations Board (“NLRB”) has recently taken the position that two extremely common employer practices violate the rights of employees under Section 7 of the National Labor Relations Act (“NLRA”). Virtually...more

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

by Nexsen Pruet, PLLC on 9/5/2012

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

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

by Orrick - Global Employment Law Group on 8/28/2012

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

NLRB Extends Reach to Nonunion Workplaces

by Morgan Lewis on 8/16/2012

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

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

by Polsinelli on 8/14/2012

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

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

by Pullman & Comley, LLC on 6/14/2012

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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Employee Handbooks › Disclaimers