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Showing 10 posts tagged National Labor Relations Act.

New NLRB Memo Says Non-Compete Agreements Violate NLRA

By Claire M. Vujanovic on May 31, 2023
Posted In Employee Agreement, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), Non-Compete Agreement

Following the Federal Trade Commission’s (FTC) January proposal to ban non-compete agreements, the National Labor Relations Board (NLRB) has issued a memo stating that non-compete agreements, except in very specific circumstances, violate the National Labor Relations Act. Any employer who uses non-compete agreements, or other agreements that functionally serve as non-competes, should be bracing for impact. More >

Tags: employment agreement, employment law for employers, National Labor Relations Act, NLRA, NLRB, Non-compete agreements, Non-disclosure agreements

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

By Claire M. Vujanovic on December 16, 2022
Posted In Labor Law, National Labor Relations Act, National Labor Relations Board (NLRB)

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 >

Tags: Bargaining Units, Labor Law, Micro Units, National Labor Relations Act, NLRA, NLRB

NLRB GC Seeks to End Captive Audience Meetings

By Claire M. Vujanovic on April 18, 2022
Posted In Employment Law, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), Union

In yet another bid to weaken employers’ stance in the face of organized labor, NLRB General Counsel Jennifer Abruzzo has issued a memo calling for an end to employer-led “captive audience” meetings. This move by the NLRB threatens one of employers’ key tools for curbing unionization in the workplace and is yet another foreboding sign of the Biden administration’s pro-labor agenda. More >

Tags: captive audience meetings, employment law for employers, Labor Law, National Labor Relations Act, NLRA, NLRB

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

By Claire M. Vujanovic on April 1, 2022
Posted In Labor Law, National Labor Relations Act (NLRA), Union

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 >

Tags: Labor Law, National Labor Relations Act, NLRB

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

By Claire M. Vujanovic on March 15, 2022
Posted In Employee Handbook, Employment Law, Labor Law, National Labor Relations Board (NLRB)

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 >

Tags: Employee Handbook, employment law, employment law for employers, Labor Law, National Labor Relations Act, NLRA, NLRB, Policies and Procedures

What Employers Should Know About Bringing Employees Back into the Workplace.

By Jaron P. Blandford, Cynthia L. Effinger, Claire M. Vujanovic on April 17, 2020
Posted In COVID-19, Employment Law

By now, all businesses in the Commonwealth of Kentucky have experienced at least five weeks of interrupted operations. Some businesses have faced a complete shutdown, others are operating on skeleton crews, and others are fully operational but working remotely. The one thing all businesses all have in common is a desire to get back to “business as usual” once the Governor lifts the Healthy at Home restrictions. However, bringing employees back into the workplace will not be an easy task, and will certainly not be “business as usual.” In addition to the continuing obligations under the Families First Coronavirus Response Act and the CARES Act, employers will need to be mindful of other key laws in order to navigate our new normal in returning to work on-premises. More >

Tags: ADA, CARES Act, COVID-19, Families First Coronavirus Response Act, Healthy at Home, National Labor Relations Act, Safe Work Environment

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

By Claire M. Vujanovic on November 7, 2019
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 >

Tags: Employee Handbook, Employee speech, employment law, employment law for employers, Labor Law, National Labor Relations Act

Political Speech in the Workplace: Can I Just Make It Go Away?

March 23, 2016
Posted In Employee Handbook, National Labor Relations Board (NLRB)

Every four years like clockwork, it happens: presidential politics becomes the focus of our national attention, seemingly dominating all aspects of our lives. The national conversation becomes one of campaign rhetoric, and anecdotal evidence suggests that it has only gotten more divisive. The conventional wisdom says that the two things one is never supposed to discuss at work are religion and politics, yet the political conversation can’t help but spill into the workplace, with the attendant potential for division and conflict. As an employer trying to foster productivity and keep the peace in the workplace, is there anything you can do? As it turns out, there’s quite a lot. More >

Tags: Employee political speech, Employee speech, First Amendment, National Labor Relations Act, NLRA, Section 7
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