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McBrayer Blogs

Showing 8 posts in Labor Law.

Amidst Unionization Trends, What Can Employers Do?

With strikes and unionization efforts appearing in recent news with great frequency, many employers are left wondering, “Am I next?” Though labor organizing creates a tough legal line for employers to walk, there are options to protect your business from union activity. More >

NLRB Time Travels Back to 2014 Rule to Speed Up Union Elections

Once again, the NLRB has taken up time travel, this time reversing a 2019 rule about union election procedures to return to the 2014 “quickie election” rule that allows unions to organize workplaces at lightning speed. More >

NLRB Modifies Test for Bargaining Units, Resurrecting the Dreaded Micro-Unit

On December 14, 2022, the National Labor Relations Board issued a decision in the case American Steel Construction, Inc., modifying the test for determining inclusions in bargaining units. The Board’s decision reverts the test to an Obama-era standard that allows unions to form smaller, easier-to-organize bargaining units known as “micro-units”—the mention of which will send many employers into a panic. More >

Amazon Workers Vote to Unionize, Paving Way for New Labor Woes for Employers

For the first time in the U.S., an Amazon facility’s workers have voted to unionize. The workers at the Staten Island warehouse “JFK8” voted 2,654-2,131 to be represented by the Amazon Labor Union (ALU). After years of unsuccessful organizing attempts across the country, this breakthrough victory portends a growing labor movement, and employers should be ready for what it may bring. More >

Boeing, Boeing, Gone! NLRB GC Recommends Reversal of Employer Handbook Standards

With any new administration in Washington comes changes to the National Labor Relations Board. From the start, Biden’s NLRB has made clear their goal to reverse the employer-friendly handbook standards established by the Boeing decision, and the General Counsel’s March 7th post-hearing brief includes recommendations that take further steps towards that goal. More >

Abusive or Offensive Language? NLRB Says “@#$% No” to Section 7 Protection

On July 21, 2020, the National Labor Relations Board (“NLRB”) issued an important decision in General Motors, LLC and Charles Robinson, modifying the standard to be used in determining whether an employee has been unlawfully disciplined or discharged for abusive or offensive statements or conduct while engaged in protected concerted activity under Section 7 of the National Labor Relations Act (“NLRA”). This decision is intended to provide needed clarity and give employers more leeway in disciplining employees for egregious misconduct and upholding existing anti-discrimination laws and policies. More >

What You Don’t Know about Labor Law Can Hurt You – Do You Have These Three Illegal Handbook Provisions?

Posted In Labor Law, National Labor Relations Act

You set up your business entity to shield you from liability issues, you consult with an employment attorney to ensure compliance with the Americans with Disability Act and Title VII, and you’ve made sure that your health plan and retirement accounts comply with the mandates of the Affordable Care Act and ERISA. You think you’ve covered all your bases, so you next begin work crafting common-sense policies to ensure a smoothly-operating business. And that’s when you step in it. More >

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