When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more
On Friday, September 30, 2022, the NLRB reversed its earlier stance that Chelsea Befort was lawfully terminated for violating T-Mobile’s electronic communications policy. Ms. Befort sent mass emails to all 595 Customer...more
The National Labor Relations Board took the opportunity last week to double down on its recent reversal of the Purple Communications doctrine, holding that T-Mobile USA did not violate federal labor law by implementing a rule...more
T-Mobile USA, Inc. ("T-Mobile") in 2015 created T-Voice, a nationwide program through which customer service representatives could submit "pain points" regarding certain aspects of the job, including ideas to improve customer...more
The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...more
Much has been written and discussed about the National Labor Relations Board’s (NLRB) attack on handbook policies over the past several years. The NLRB has found what many consider to be run-of-the-mill, standard policies...more
The NLRB analyzes employer policies to see if the policies “chill” employees’ rights to engage in concerted protected activity under the NLRA. The NLRB says it applies a “reasonable person” test, which asks “would a...more
Notwithstanding the change in administrations, the National Labor Relations Board (NLRB) continues to be active in the non-unionized workplace, giving employers another reason to carefully review policies that affect workers,...more
Last month, the National Labor Relations Board continued its rejection of employer conduct policies intended to promote harmonious and productive working relationships among employees. In T-Mobile USA, Inc., unionized...more
Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May...more
Many employers have rules or policies directing employees who are involved in a workplace investigation to keep their conversations with investigators confidential and to refrain from discussing the matter with colleagues...more