Scabby Is Protected

In a recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether the display of an inflatable rat (“Scabby”) and banners by a labor union, at the entrance of a neutral site, constituted an unfair … Continue reading

Posted in NLRA, NLRB | Tagged ,

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Checking In On The PRO Act

As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress.  With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act.  Some of the most significant provisions in the … Continue reading

Posted in NLRA, NLRB | Tagged , ,

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President Biden Issues Executive Order Encouraging Federal Rule Makers to Limit or Ban Non-Competes

On July 9, 2021, President Biden signed the sweeping Executive Order on Promoting Competition in the American Economy, which outlined over 70 wide-ranging initiatives aimed at promoting competition and workers’ interests. One of these initiatives “encouraged” the Federal Trade Commission … Continue reading

Posted in Hiring, Snell & Wilmer, Uncategorized | Tagged , ,

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California Supreme Court Holds That Meal and Rest Break Premiums Must Include Commissions, Bonuses and Other Non-Discretionary Pay

Most employers in California know that they are required to provide non-exempt employees with a 30-minute meal break whenever the employee works more than five hours, a second 30-minute meal break if the employee works more than ten hours and a 10-minute … Continue reading

Posted in California

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New Procedures for Employers Managing I-9 Forms

U.S. employers generally must properly complete Form I-9 for each individual they hire for employment in the United States to verify the identify and employment authorization of that individual. As part of that process, the employee must present the company … Continue reading

Posted in Immigration | Tagged

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A Recent Supreme Court Decision Impacts Union Organizing for Agricultural Workers in California

In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the purpose of promoting union efforts. The Court’s … Continue reading

Posted in NLRA, NLRB | Tagged , ,

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A Planned Executive Order Regarding Competition

Neil Irwin of the New York Times reported on Thursday morning that President Biden is preparing an Executive Order focused on competition policy.  He reports that people familiar with the Order say one section has several provisions aimed at increasing … Continue reading

Posted in Confidentiality, Restrictive Covenant | Tagged , , ,

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Union Elections by Mail — Mail-Ballot Solicitation

In a very recent case, the National Labor Relations Board (“NLRB”) confronted the issue of whether a party engages in objectionable conduct if, during a union election campaign, it engages in mail-ballot solicitation. The case is of interest to employers … Continue reading

Posted in NLRB, Unions

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Protected Activity or Disloyalty

In a recent case, the National Labor Relations Board (NLRB) Division of Advice addressed the question of whether a grocery store employee posting, on his personal Facebook and Instagram accounts, constituted protected activity for which  the employee could not be … Continue reading

Posted in NLRA, NLRB | Tagged ,

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Affinity Groups and Labor Laws

Employers should be aware that depending on the circumstances, Employee Resource Groups or diversity, equity, and inclusion groups may be considered labor organizations under the NLRA. Further, employers should avoid the appearance of interfering, dominating, or unlawfully supporting such organizations. To … Continue reading

Posted in NLRA, NLRB | Tagged ,

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