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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Employers May Prohibit Employees From Opting In To Class Actions
Last year, in Epic Systems Corp v. Lewis, the Supreme Court held that employers act lawfully when they require employees, as a condition of employment, to enter into agreements with the employer waiving their rights to pursue employment claims through … Continue reading
Posted in Arbitration, Class Action, NLRB
| Tagged Arbitration, Class Action Waiver, Employment Arbitration Agreements
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Intermittent Strikes Are Not Protected
A decision issued last week by the National Labor Relations Board (“NLRB” or “Board”) should be noted by employers facing employee general demands for changes in terms and conditions of employment. The NLRB reaffirmed established law that a series of … Continue reading
Concerted Activity or Mere Griping?
Employees have the right to engage in concerted activities, and employers commit unfair labor practices if they retaliate against employees for engaging in those activities. It is important to understand the concept of concerted activity. In order to find that … Continue reading
Employers May Prohibit Non-Employees From Organizing On The Employers’ Property
On Friday, June 14, 2019, the National Labor Relations Board (“NLRB” or “Board”) issued a decision of significance to employers. In particular, the NLRB decision affects employers, such as hospitals and hotels, that have areas of their property open to … Continue reading
Employment Handbooks and Confidentiality
Employers frequently ask if they can maintain rules requiring employees to keep the contents of their employment handbooks confidential. In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National Labor Relations Board (NLRB) concludes that such rules … Continue reading
Posted in Confidentiality, Handbook, NLRA, NLRB
| Tagged Division of Advice, GC, Handbook, Manual, Memorandum, Policy, Restrictions
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Union Dues Checkoff: Update from NLRB
A recent Memorandum issued by the General Counsel (GC) of the National Labor Relations Board (NLRB) (GC 19-04, February 22, 2019), discusses issues of importance to all employers and in particular to employers that have union contracts that provide for … Continue reading
Posted in NLRA, NLRB, Pay, Unions
| Tagged Checkoff, Checkoff Authorization, Dues Deduction, GC 19-04, Memo, Memorandum, Region 28, Union Dues
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Picketing Threats
Letters from unions to owners, general contractors, and other contractors informing them of the union’s dispute with one or more of the subcontractors, working at a common construction project site (or common situs), and of the union’s plans to engage … Continue reading
Concerted/Protected Activities: Single Employee Complaints
We frequently confront the question of whether complaints by a single employee to a supervisor about some condition of employment, such as double standard with respect to disciplinary actions against employees or favoritism in job assignments, constitute concerted/protected activity. Concerted/protected … Continue reading
Posted in Labor, NLRA, NLRB
| Tagged Complaint, Concerted Activity, Mutual Aid or Protection, Protected Activity, Protected Concerted Activity, Single Employee Complaint
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Extraction of Agency Fees from Non-Consenting Public Employees is Unconstitutional
In Janus v AFSCME , U.S. No. 16-1466, the Supreme Court held on June 27, 2018 that States and public sector unions may no longer extract agency fees from non-consenting employees. Such extractions violate the employees’ First Amendment right to … Continue reading
Posted in NLRA, NLRB, Unions
| Tagged AFSCME, Agency Fees, First Amendment, Free Speech, Janus, Public Sector, SCOTUS, Supreme Court, Union Dues
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