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

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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

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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

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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 , , , , , , , , , ,

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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

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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

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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.

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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

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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

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The Trend to Adopt Mandatory Employment Arbitration Programs

In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs are the expeditious resolution of employment disputes and … Continue reading

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