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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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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 Arbitration, Employees, Employment Arbitration Agreements, NLRA, NLRB
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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
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
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
NLRB’s Email Rule May Be Coming to an End
In its 2014 decision Purple Communications Inc. and Communication Workers of America, the NLRB ruled that employees could generally use employers’ email systems to organize or engage in other concerted activities protected by Section 7 of the National Labor Relations … Continue reading
Posted in Handbook, Labor, NLRA, NLRB, Unions
| Tagged Company Email, Labor, NLRA, NLRB, Policy, Protected Communications, Protected Concerted Activity, Purple Communications, Section 7
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Ninth Circuit Invalidates Class Action Waivers Contained in Employment Arbitration Policies
The Ninth Circuit, currently joined by two other federal courts of appeal, has adopted the longstanding position of the National Labor Relations Board (“NLRB”) that class action waivers commonly found in employment arbitration agreements violate the right to engage in … Continue reading
Posted in Class Action, Hiring, NLRB
| Tagged Class Action Waiver, Employment Arbitration Agreements, FAA, NLRA, Protected Concerted Activity
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