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Double Trouble: The FTC and DOL Team up Ban Non-Competes and Crackdown on Overtime Nationwide

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

Resurrected NLRB “Quickie” Election Rule to Take Effect December 26, 2023

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

Landmark NLRB Decision Significantly Alters Labor Relations Landscape by Promoting Mandatory Union Recognition Over Traditional...

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

Handbooks Under Scrutiny: The NLRB Makes Things Harder for Employers (Again)

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

The National Labor Relations Board Cracks Down on Confidentiality and Non-Disparagement Language in Severance Agreements

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

New NLRB Decision Overhauls Standard for Offensive Employee Outbursts

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

“Labor Law Update: New Union Election Rules Partially Overturned by New Court Decision”

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

NLRB Announces Rollbacks to 2014 “Ambush-Election” Rule

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

New York State Sexual Harassment Training Must Be Completed By October 9, 2019

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

Circuit Court is asked to Overturn NLRB’s Decision Allowing Surreptitious Workplace Recordings

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

NLRB Sets Aside Union Election on Technical Violation of Quickie Election Rule

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

US DOL and PA DOL Partner to Prevent Employee Misclassification

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

Christmas in July: The NLRB Delivers Another Gift to Help Unions Organize Employees

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

NLRB’s General Counsel Makes Dramatic Move to Protect Unions from Being Ousted, Even by Employees

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

Spring Cleaning – Check Your Background Disclosure Form For FCRA Violations

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

Workplace Scents and Sensibility

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

NLRB Rules that Racism is a Protected Activity

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

NLRB Hands Unions An Early Christmas Gift – Employees Given Right To Use Company E-Mails To Organize

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

Congress Acts To Help Employers That Are Compelled By State Or Local Laws To Exclude Employees With Certain Criminal Histories

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

NLRB and DOL Gang Up On Employers with Referral System

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

Here We Go Again: The NLRB Resurrects “Quickie Election” Rule

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

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