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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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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
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
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
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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 ADAAA, CARES Act, Coronavirus, COVID-19, FFCRA, FMLA, NLRA, NLRB, OSHA, Paid Sick Time, Unemployment Insurance Benefits
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The NLRB Just Made It Harder To Lasso Franchisors And Affiliated Businesses For The Alleged Sins Of Their Compatriots
In 2015, the NLRB adopted a more relaxed standard for determining when an entity could be considered a joint employer and thus liable for alleged workplace wrongs along with a direct employer. Of course the result of the loosening of … Continue reading
Posted in NLRA, NLRB
| Tagged Joint Employer Status, Joint Employers, NLRA, NLRB
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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
Winter 2020 Under Construction Newsletter – Out Now!
The winter edition of Snell & Wilmer’s Under Construction newsletter is out now! This issue addresses: Employees’ Use of Social Media to Complain About Working; Tips for Mediation of the Toughest Construction Disputes; Overview of the ConsensusDocs® 900 Public-Private Partnership … Continue reading
Posted in California, NLRA, NLRB, Snell & Wilmer, Social Media
| Tagged California, Employees, NLRA, NLRB
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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
Posted in Arbitration, NLRA, NLRB
| Tagged Board, Discharge, Disciplinary Action, Grievance, Olin, Speilberg, Unlawful Discharge
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