Policies Regarding Employee Interaction with Third PartiesGenerally, employees have a Section 7 right to communicate with the media, government agencies and other third parties regarding their terms and conditions of employment. Policies which restrict this right can be overly broad and unlawful. For example, a policy which states that employees cannot talk to the media about “company matters” is overly broad. The phrase “company matters” could be construed to include employment concerns that the employee may have. In other words, the policy creates the impression that employees cannot speak to a third party on their own behalf. According to the NLRB, the policy should clearly indicate that the restriction applies to speaking out on behalf of the company and does not apply to employees speaking out on their own behalf. … [Read more...] about Are Your Employment Policies Legal Under Current Federal Labor Law?
Federal labor law
Tracy cited more than 10 actions committed by Tesla and Musk that violated provisions of the Labor Relations Act and ordered remedies including backpay and reemployment for a the fired worker, the rescinding of rules that targeted union activity and a meeting at Tesla's Fremont plant where the company must give workers detailed notice of the labor violations. … [Read more...] about Tesla and CEO Elon Musk violated federal labor law, judge rules
The employee filed a charge under the National Labor Relations Act and, after the hearing, the Administrative Law Judge agreed that the termination was part of a "preemptive strike" to nip the rumors of disparate pay in the bud. However, the judge determined that since the charging party/employee had not yet engaged in concerted activity, the charge should be dismissed. … [Read more...] about NLRB Determines that “Preemptive” Firing Violates Federal Labor Law
The decision examined one such agreement used by nationwide homebuilder D.R. Horton, under which employees waived their right to a judicial forum and agreed to bring all claims to an arbitrator on an individual basis. The agreement prohibited the arbitrator from consolidating claims, fashioning a class or collective action, or awarding relief to a group or class of employees … [Read more...] about Board finds that Certain Mandatory Arbitration Agreements Violate Federal Labor Law
WagesBack wages has been an issues of great concern to small and medium-sized businesses. Currently, the prolonged duration of labor trials is the cause of massive economic liabilities due to the accumulation of back wages. Therefore, new FLL limits the accumulation of back wages to 12 months. Once that period has concluded, a monthly interest rate of 2% will be generated on 15 months of the employee's monthly wage, which are to be paid once the process has concluded. Additionally, under the new law, the accrual of back wages will be suspended if the worker has died. … [Read more...] about Mexican Federal Labor Law Reform: What Companies Doing Business in Mexico Need to Know