Fall 2019 Under Construction Newsletter – Out Now!

The fall edition of Snell & Wilmer’s Under Construction newsletter is out now! This issue takes a look at: Does an employer have to compensate an employee who gets injured on the way to work, even if it’s not on … Continue reading

Posted in California, Independent Contractor, NLRB | Tagged , , , ,

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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

Posted in Arbitration, NLRA, NLRB | Tagged , , , ,

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The Labor Board Gives Unionized Employers More Flexibility Managing Their Workforce

It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of employment affecting the unionized employees, without first … Continue reading

Posted in Labor, NLRA, NLRB, Unions | Tagged , ,

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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 , ,

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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

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Scalia Fills Labor Role

Just as businesses were expressing cautious optimism over the interim replacement of Labor Secretary Acosta by veteran GOP operative and business ally Patrick Pizzella,  on July 18, 2019 the President announced plans to nominate business attorney Eugene Scalia to fill … Continue reading

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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

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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

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The April 2019 Snell & Wilmer “Under Construction” Newsletter Out

The spring edition of Snell & Wilmer’s Under Construction newsletter has been published. See here. The Labor and Employment team contributed to this issue. Walker Crowson provides a useful overview of New Mexico’s construction law. While Jerry Morales addresses picketing threats which … Continue reading

Posted in New Mexico, NLRA, NLRB, Unions | Tagged , , ,

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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 , , , , , ,

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