Employers in the gaming and hospitality arena are eagerly awaiting the results of the upcoming changes to the legal landscape that are expected to emerge from a business-oriented administration. These employers have long tried to reduce the costs and length of litigation, particularly in the context of wage and hour claims, by requiring employees to arbitrate work-related disputes on a bilateral, rather than collective or class-wide, basis. … [Read more...] about The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act
Federal labor relations authority
Conclusion Over the past few years, despite not having a complete slate of Board members, the NLRB has aggressively pursued a pro-union agenda, increased its outreach to non-union employees, and increased its impact on the non-unionized workforce through its expansive interpretation of employee Section 7 rights. This pro-union agenda is not likely to change now that a full Board has been approved by Congress. If anything, it is likely that the Board will become more aggressive, given that its authority can no longer be questioned due to a shortage of Board members. In light of this, employers must be prepared by taking proactive steps to ensure that their policies and procedures are in accordance with applicable laws and regulations, and that they are capable of handling prosecutions, audits and other inquiries from the NLRB. … [Read more...] about A Decade In The Making: What Employers Can Expect From A Fully Staffed NLRB (National Labor Relations Board)
As we have reported in prior GT Alerts, over the past two years, the National Labor Relations Board (NLRB) — the federal administrative agency responsible for enforcing the National Labor Relations Act (NLRA) — has pursued an aggressive campaign to protect employees’ right to engage in protected concerted activity, in all workplaces, not just those where employees are represented by labor unions. Some of its recent actions include directing its focus on cases involving non-unionized employees’ use of social media, ruling that class and collective action waivers in employee arbitration agreements are unlawful, seeking to expand the remedies available under the NLRA, and attempting to require almost all private sector U.S. employers to post a notice in the workplace advising employees of their right to form or join a labor union. … [Read more...] about At-Will Employment Disclaimers – The National Labor Relations Board’s Next Target?
January 2, 2014 marked the NLRB’s deadline to file a petition with the US Supreme Court to review the challenges to its Poster Rule, and the Board failed to file such a petition with the Court. Accordingly, it appears the Poster Rule is dead – at least for now. As we’ve noted on the Blog, the NLRB has a full 5 members for the first time in years, and more rulemaking is expected from the Board in the coming months and years. It is not out of the question that some modified form of the “Poster Rule” could be attempted by the newly constituted NLRB. … [Read more...] about NLRB (National Labor Relations Board) Fails to File Appeal to the Supreme Court for Review of its “Poster Rule”
Require an employer to provide a list of the full names, home addresses, telephone numbers, email addresses, work locations, shifts, and job classifications of all employees who are eligible to vote in the election. The employer would be required to produce this list within two days of the Regional Director’s approval of an election agreement or direction of an election. … [Read more...] about National Labor Relations Board (NLRB) Issues New Proposed “Quickie” Election Rules