The National Labor Relations Board (“NLRB”) has recently issued several decisions which directly impact various written policies typically found in employment handbooks. The NLRB’s General Counsel has also issued a memorandum which provides guidance on several issues that may impact your policies. Importantly, these decisions apply to all employers regardless of whether the employees are unionized. Because of the NLRB’s actions, a previously valid policy may now be illegal under federal labor law. This is a good time to review your policies to make sure they are compliant. … [Read more...] about Are Your Employment Policies Legal Under Current Federal Labor Law?
Federal labor laws
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
Just as the definition of protected conduct which could give rise to claims of retaliation has expanded in the areas of EEOC and wage and hour cases, we now see the expansion of this protection under NLRA. Thus, the employer inquiry prior to any bona fide termination, must include not only whether the employee has engaged in protected concerted activity, but whether the employee is thinking of engaging in that activity. No wonder Human Resource personnel lose their hair and develop facial tics at a young age. … [Read more...] about NLRB Determines that “Preemptive” Firing Violates Federal Labor Law
The National Labor Relations Board has ruled that it is a violation of federal labor law to require employees to sign arbitration agreements that prevent them from joining together to pursue employment-related legal claims in any forum, whether in arbitration or in court. … [Read more...] about Board finds that Certain Mandatory Arbitration Agreements Violate Federal Labor Law
Both the Trial Period and the Initial Training Period have time limits. The Trial Period may only last up to 30 days for rank-and-file type employees, but for management-level employees and high-level executives, an extension may be granted allowing for a maximum of 180 days in total. The Initial Training Period has a maximum term of three months, with high-level general administrative functions or functions requiring special professional knowledge qualifying for an extension of up to six months in total. Please note that these terms cannot be combined. The advantage of these new hire methods is that once the trial or training period has expired, if the employee is not able to perform the skills for the job, the employer may terminate the employee without having to pay severance. … [Read more...] about Mexican Federal Labor Law Reform: What Companies Doing Business in Mexico Need to Know