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
Tesla also introduced rules requiring permission for the distribution of union pamphlets and other materials in addition to threatening the loss of stock options if unionization occurred. The company also told employees that it would be "futile" to unionize because they would lack a voice, according to the ruling. … [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
The FLL also adds to the existing contracts for an indefinite term or specific project. Specifically, in order to allow “seasonal” employees to gain seniority, employers may now offer employment for an indefinite term for un-continuous work when the services required are for fixed and periodic tasks, in the cases of seasonal activities, or that do not require the provision of services throughout the entire week, month, or year. Under this arrangement, the employment relationship can be suspended during off periods in order to relieve the employer of wage payment obligations and the employee of any service obligations. … [Read more...] about Mexican Federal Labor Law Reform: What Companies Doing Business in Mexico Need to Know