Search Blog
Subscribe Today
About this Blog
Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
- ADA
- ADEA
- Arbitration
- Arizona
- California
- Class Action
- Colorado
- Confidentiality
- Discrimination
- DOL
- EEOC
- FCRA
- Federal Contractor
- FLSA
- FMLA
- Handbook
- Hiring
- Idaho
- Immigration
- Independent Contractor
- Labor
- Minimum Wage
- Nevada
- New Mexico
- NLRA
- NLRB
- OSHA
- Pay
- Reasonable Accommodation
- Restrictive Covenant
- Sick Leave
- Snell & Wilmer
- Social Media
- Texas
- Title VII
- Trade Secrets
- Transgender
- Uncategorized
- Unions
- Utah
- Whistleblower
- Work Authorization
Inherently Concerted Activities
On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the prosecution of charges involving whether … Continue reading
Posted in NLRB
| Tagged Concerted Activity, NLRA, NLRB, Protected Concerted Activity
Share this Article:
The PRO Act’s Potential Effect on Employers
On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act. With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a few key … Continue reading
Employer Rules Prohibiting Illegal Strikes, Slowdowns and Walkouts
On July 30, 2020, the National Labor Relations Board (Board), issued a decision on the legality of an employer rule that prohibited employees from engaging in “illegal” strikes. The Board decision on this issue is of significant importance for employers. … Continue reading
Employees’ Duty of Loyalty
In a recent decision, the National Labor Relations Board (Board) dealt with the issue of the employer’s right to require loyalty from its employees. The Board’s decision on this issue is of significant importance to employers. Click here to continue … Continue reading
Posted in Labor, NLRA, NLRB, Snell & Wilmer
| Tagged disparagement, duty of loyalty, Employees, NLRA, NLRB
Share this Article:
Employees’ Refusal to Work Over Coronavirus Concerns
As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7 percent totaling 23.1 million unemployed. While the number … Continue reading
Posted in ADA, FMLA, NLRA, OSHA, Sick Leave, Snell & Wilmer, Whistleblower
| Tagged ADAAA, CARES Act, Coronavirus, COVID-19, FFCRA, FMLA, NLRA, NLRB, OSHA, Paid Sick Time, Unemployment Insurance Benefits
Share this Article:
Criticizing the Employer’s Workplace Diversity and Inclusion Policies
Section 7 of the National Labor Relations Act (the Act) gives employees the right to engage in “concerted activities” for “mutual aid or protection.” In general, “concerted activities” are activities or conduct by employees with or on the authority of … Continue reading
Deferral By The NLRB To Grievance/Arbitration Procedures
Overruling 2014 precedent, see Babcock & Wilcox Construction, 361 NLRB 1127 (2014), the National Labor Relations Board (Board), last week in UPS, Inc. 369 NLRB No. 1 (Dec. 23, 2019), returned to the standard that applied from 1984 to 2014 for deferral … Continue reading
Posted in Arbitration, NLRA, NLRB
| Tagged Board, Discharge, Disciplinary Action, Grievance, Olin, Speilberg, Unlawful Discharge
Share this Article:
Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for Nonbusiness Purposes
Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. For more information, click here.
Posted in Confidentiality, Labor, NLRA, NLRB, Snell & Wilmer
| Tagged NLRA, NLRB, Obama, Protected Concerted Activity, Unions
Share this Article:
Employers May Discontinue Checkoff of Union Dues at Expiration of Union Contract
In a December 16, 2019 decision, the National Labor Relations Board (Board) held that employers’ statutory obligation to checkoff union dues pursuant to their union contracts ends when said contracts expire. Overruling relatively recent precedent, the Board based its decision on … Continue reading
Employees’ Use of Social Media to Complain About Working Conditions
Employers often confront the question of whether employees can be disciplined for using social media, such as Facebook, to communicate with other employees about complaints regarding terms and conditions of employment. Frequently some of those communications are expressed in terms … Continue reading