Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- SCOTUS
- FTC
- Emotional Support Animals
- Service Animals
- Employee Agreement
- Remote Work
- Federal Trade Commission
- LGBTQ
- Minors
- United States Department of Justice ("DOJ")
- Arbitration
- Work from Home
- Workplace health
- Intellectual Property
- Trade Secrets
- Corporate
- Center for Disease Control
- Americans with Disabilities Act ("ADA")
- FFCRA
- Opioid Epidemic
- Occupational Safety and Health Administration (“OSHA”)
- COVID-19
- Families First Coronavirus Response Act
- H.R.6201
- Health Care Law
- IRS
- Paid Sick Leave
- Temporary Leave
- Treasury
- Coronavirus
- Worker Misclassification
- Labor Law
- Overtime
- Kentucky Unemployment Insurance Commission
- Sexual Harassment
- FMLA Retaliation
- Overtime Rule
- Employer Wellness Programs
- Employment Non-Discrimination Act ("ENDA")
- Genetic Information Nondiscrimination Act ("GINA")
- Independent Contractors
- Kentucky minimum wage
- Minimum wage
- Paid Time Off ("PTO")
- Sick Employees
- Wage and Hour
- ADA Amendments Act of 2008 (“ADAAA”)
- Department of Labor ("DOL")
- Employee Benefits
- Employee Handbook
- Employee Misconduct
- Employment Discrimination Laws
- ERISA
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (“FMLA”)
- Human Resource Department
- Kentucky Civil Rights Act (“KCRA”)
- National Labor Relations Act (NLRA)
- National Labor Relations Board (NLRB)
- OSHA
- Overtime Pay
- Pregnancy Discrimination Act
- Social Media
- Social Media Policies
- Title VII of the 1964 Civil Rights Act
- U.S. Department of Labor
- Union
- Young v. UPS
- Adverse Employment Action
- Amazon
- Americans with Disabilities Act
- Bring Your Own Device
- BYOD
- Civil Rights
- Compliance
- Department of Health and Human Services
- EEOC
- Employment Law
- Portal-to-Portal Act of 1947
- Security Checks
- Security Screening
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- U.S. Supreme Court
- Uncategorized
- Volunteer
- Cloud
- Creech v. Brown
- EEOC v. Hill Country Farms
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Federal contractors
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Lane v. Franks
- Micro-unit
- Non-exempt employees
- Specialty Healthcare & Rehabilitation Center of Mobile
- "Ban-the-box"
- 2013)
- Berrier v. Bizer
- Bullying
- Citizens United v. Federal Election Commission
- Companionship services
- Compensatory time off
- Conestoga Woods Specialties v. Sebelius
- Consumer Credit Protection Act (“CCPA”)
- Crystalline Silica
- Davis-Bacon and Related Acts
- Drug-Free Workplaces
- Earnings
- Ehling v. Monmouth-Ocean Hospital Service Corp.
- Federal Stored Communications Act (“SCA”)
- Home Health Care Workers
- Illness and Injury Reports
- Job applications
- Jury duty
- Kentucky Department of Workers’ Claims
- Kentucky Wage and Hour Act
- Maternity Leave
- McNamara O’Hara Service Contract Act
- Mine Safety and Health Administration ("MSHA")
- NFL Bullying Scandal
- Northwestern
- Payroll
- Permissible Exposure Level ("PEL")
- Sebelius v. Hobby Lobby Stores
- Senate Bill 157
- Shazor v. Prof’l Transit Mgmt.
- Violence
- Wage garnishment
- Web Content Accessibility Guidelines
- Whistleblower
- WorkSmart Kentucky
- At-will employment
- Chapter 11 Bankruptcy
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- COBRA
- Defamation
- Defense of Marriage Act (“DOMA”)
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Employee Forms
- Employee Hazards
- Employee of the Month Programs
- Employee Training
- Employer Group Health Plans
- Employer Mandate
- Employment Practices Liability Insurance
- Endorsements
- Federal Workplace Agencies
- FICA
- Form I-9
- Freedom of Speech
- Gatto v. United Airlines and allied Aviation Services
- Giant Food LLC
- Government employees
- Government shutdown
- Health-Contingent Wellness Programs
- HIPAA
- KYSHRM 2013
- Litigation
- Madry v. Gibraltar National Corporation
- Mandatory vaccination policies
- Medical Exams
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Obesity
- Online Account Protection
- Online Defamation
- Participatory Wellness Programs
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Play or Pay
- Private employers
- Record Retention
- Reference checks
- Sequester
- Severance Pay
- SHRM
- Small Business Administration (SBA)
- Social Media Ownership
- Supervisor
- Supplemental Unemployment Compensation Benefits
- Tangible employment actions
- Tax Refund
- Title VII retaliation cases
- Troyer v. T.John.E Productions
- U.S. Citizenship and Immigration Services
- Unfair Labor Practice
- United States v. Quality Stores
- United States v. Windsor
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Contraceptive Mandate
- Crisis Management
- Employee Arrests
- Employee photographs
- House Labor and Industry Committee
- Job Description
- Job Requirement
- Kentucky’s Whistleblower Act
- KRS 391.170
- Labor and Pensions ("HELP")
- Municipal Liability
- Patient Protection and Affordable Care Act
- PhoneDog v. Kravitz
- Posting Requirements
- Public Sector Liability
- Religious Employer
- Right to Work Bill
- Social Networking Online Protection Act (SNOP)
- Social Privacy Laws
- Strategic Enforcement Plan (SEP)
- Telecommuting
- White v. Baptist Memorial Health Care Corp.
- Wilson v. City of Central City
- Workplace Politics
- Business Insurance
- Class Action Waivers
- Criminal Background Checks
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Federal Department of Labor
- Hiring and Firing
- Hosanna-Tabor Opinion
- Informal Discussion Letter (“EEOC Letter”)
- Insurance Coverage
- Kentucky Labor Cabinet
- National Labor Relations Act
- Retaliation by Association
- Salary Threshold
- Unemployment Benefits
- Workplace Discrimination, Harassment and Retaliation
- Communications Decency Act
- Employee Contracts
- Internet & Media Law
- Internet Defamation
- Non-Compete Agreement
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Showing 29 posts in National Labor Relations Act (NLRA).
Court of Appeals Decisions Will Stick on the NLRB Poster Rule
In August of 2011, the National Labor Relations Board (“NLRB”) approved a poster rule requiring businesses to post notifications reminding workers about their right to unionize. Employers and business groups that felt the rule was one-sided and pro-union subsequently challenged the rule and were victorious in two separate U.S. Circuit Courts. More >
McBrayer Attorneys' 2013 KYSHRM Conference Presentation
On September 25th, Amy D. Cubbage and Cynthia L. Effinger spoke at the 29th Annual Kentucky SHRM Conference, held in Louisville, KY. Their presentation, "Social Media: Strategy and Implementation. Are you protected?," focused on what companies can do to protect their businesses when issues arise (both internally and externally) with social media. The presentation included informative tips on how to create an legally sound social media policy and some new issues that employers and HR managers will soon face in the social media realm. If you missed the presentation, you can check out Amy and Cindy's presentation here and find a copy of their supporting documents here. More >
NLRB’s Advice Memorandum to Giant Foods LLC: A Giant Shock to Employers, cont.
I informed readers on Monday that the NLRB recently publicly released its Advice Memorandum to Giant Foods LLC. The company’s social media policy contained provisions that prevented employees from sharing confidential or non-public information, using the company’s logo or trademarks or filming the company premises without prior approval. More >
NLRB’s Advice Memorandum to Giant Foods LLC: A Giant Shock to Employers
On July 11, 2013, in response to a Freedom of Information Act request, the National Labor Relations Board (“NLRB”) released a copy of the Advice Memorandum (find it here) issued for Giant Food LLC. The Advice Memorandum, originally issued in 2012, concludes that portions of Giant Food LLC’s social media policy violates the National Labor Relations Act (“NLRA”). More >
NLRB's Poster Rule Struck Down by D.C. Circuit
On May 7, the U.S. District Court of Appeals for the District of Columbia struck down a National Labor Relations Board (“NLRB”) ruling that would have required millions of private employers, both union and non-union, to put up posters alerting employees of their rights under the National Labor Relations Act (“NLRA”). The poster informed employees of their right to join and/or form a union, collectively bargain with employers, and act jointly to improve wages or working conditions. More >
Will a Savings Clause Save Your Social Media Policy?
Could a savings clause salvage an otherwise invalid social media policy? Maybe. There is no definitive answer to this question, as savings clauses have been portrayed as both a potential asset for employment handbooks and a non-factor in acting as a loophole for Section 7 of the National Labor Relations Act (NLRA). Thus, it is important to view savings clauses as one tool in your arsenal and not as a panacea for an overly-broad social media policy. More >
NLRB and ALJ Decisions Continue to Refine Social Media Policy Parameters
National Labor Relations Board (NLRB) judgments continue to refine the parameters of the social media policies landscape, offering more insight for employers who are developing policies and procedures that attempt to protect both the company and the employees. Two recent decisions by the NLRB illuminate the legality of social media policies or policies addressing any and all electronic communications. These decisions further set expectations of what is acceptable online behavior by employees, and more clearly define what an employer can and cannot restrict in the language of the policy. More >
Workplace Politics: Cooling the Debates
With the Presidential election just around the corner, employees may be talking about a lot more than gossip around the water cooler. Given the argumentative nature of politics, every employer should be listening for potentially volatile discussions, with a goal of keeping the workplace comfortable and free of hostility this election season. More >
Essentials for Social Media Policies: Surviving the NLRA
Developing a social media policy that will survive the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 151, et. seq. while still protecting the company is a primary focus of every employer. The key is providing specific definitions or guidance as to what an employer considers inappropriate social media activity which will be regulated and that the policy does not limit protected activity. Policies cited by National Labor Relations Board (“NLRB”) Acting General Counsel, Lafe Solomon issued in three reports aimed at providing employers guidance on what are and are not permissible social media policies under the NLRA include the following: More >
