Employers, union and non-union alike, have been spinning their wheels every time the NLRB comes out with a new case, general counsel memorandum or advice memorandum slamming a generally accepted employment policy. This past year, we have seen the NLRB take on social media policies, collective action waivers, at-will disclaimers and confidentiality rules. This time, … Continue Reading
Whether you have in-house or outside recruiters, make clear what they can and cannot say to your employees. On March 11, 2013, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board made the recommendation that Aerotek, Inc., an employee staffing company, violated the National Labor Relations Act (“NLRA”) when its recruiters told employees … Continue Reading
In August 2011, we blogged about the amendments to the unemployment compensation statutes, which included a new definition of misconduct (see Florida Employers Get Immediate Unemployment Compensation Relief). The definition of misconduct is: A violation of an employer’s rule, unless the claimant can demonstrate that: He or she did not know, and could not reasonably … Continue Reading
The Sixth Circuit Court of Appeals affirmed dismissal of a lawsuit under the Fair Labor Standards Act brought by an employee who failed to follow her employer’s policy for reporting uncompensated work time. In Margaret White v. Baptist Mem’l Health Care Corp., the employer, Baptist Memorial Health Care Corp. (“Baptist”), automatically … Continue Reading
Am I the only blogger who has a problem with social media? My twelve year old is addicted to his smart phone and Instagram. I constantly get poked from Facebook users. I read with dismay how administrative law judges interpreting the National Labor Relations Act (NLRA) have invalidated employers’ efforts to place some limits on … Continue Reading
The National Labor Relations Board Acting General Counsel Lafe E. Solomon issued his third report on employees’ social media use on May 30. We previously blogged about the first report (see NLRB Issues Guidance on Social Media Policies) and several other NLRB cases involving social media. This recent report focuses on the lawfulness of several … Continue Reading
The Equal Employment Opportunity Commission (“EEOC”) issued updated enforcement guidance in light of recent court decisions on the use of arrest and conviction records in making employment decisions. The EEOC Enforcement Guidance can be found here. The guidance is not binding on employers but the EEOC will be enforcing Title VII with the guidance in … Continue Reading
We have been commenting on the National Labor Relations Board’s (NLRB) recent decisions on the lawfulness of social media policies. An NLRB Administrative Law Judge recently struck down a portion of a company’s social media policy that prohibited employees from commenting on work-related legal matters without the express permission of the company’s legal department. The … Continue Reading
The U.S. Department of Transportation has issued a new rule limiting the use of hand-held mobile telephones by drivers of commercial motor vehicles. A commercial motor vehicle is defined as a self-propelled or towed vehicle used on the highways to transport person or property in interestate commerce; and that either: Has a gross vehicle weight/gross … Continue Reading
As another follow-up to our posts, NLRB OK’s Employee Bad-Mouthing on Social Media, Update: The NLRB Seesaws On Social Media Bad-Mouthing, NLRB Issues Guidance On Social Media Policies and Administrative Law Judge Recommends Employees Fired For Facebook Be Reinstated and Provided Loss of Pay, an Administrative Law Judge (“ALJ”) has made a recommendation on another … Continue Reading
On September 8, the Occupational Safety and Health Administration (OSHA) issued a Directive with general enforcement policies and procedures for field offices when conducting inspections relating to workplace violence. The Directive focuses not only on the steps to be taken in response to an incident of workplace violence but the factors OSHA will consider when … Continue Reading
Yesterday, August 18, 2011, the National Labor Relations Board issued a 24-page memorandum summarizing the facts and outcome of the social media cases over the past year. Several of the cases included in the memorandum are discussed in earlier posts (NLRB OKs Employee Bad-Mouthing on Social Media, Update: The NLRB Seesaws On Social Media Bad-Mouthing). The introduction … Continue Reading
In the middle of the NLRB’s campaign to protect employees from disciplinary action for posting complaints about their employers on social media (see earlier post, NLRB OKs Employee Bad-Mouthing on Social Media), the NLRB has said that not all complaints are protected, even job-related complaints. The NLRB issued three memoranda in July stating that employers did not … Continue Reading
For years, Oprah Winfrey has asked guests to sign a pledge promising not to text while driving. The Occupational Safety & Health Administration (OSHA) has taken up the calling. OSHA has dedicated an entire portion of its website to Distracted Driving and is encouraging employers to help solve the problem of texting while driving. According … Continue Reading
This year, the Supreme Court allowed an employee to sue his employer for retaliation based on his fiancée’s discrimination complaint. See Thompson v. North American Stainless, LP 131 S.Ct. 864 (2011). North American Stainless fired Eric Thompson just three weeks after receiving notice of a charge of discrimination filed by his co-worker and fiancé Mariam … Continue Reading
If you think you can fire an employee who bad mouths your company, think again. The National Labor Relations Board (“Board”) says it is ok for an employee to bad mouth an employer on social media web sites. Back in October 2010, the Board accused American Medical Response of Connecticut, Inc. (“AMR”) of wrongfully terminating … Continue Reading
Recently, Congressmen Barney Frank (D-Massachusetts) and Ron Paul (R-Texas) introduced the “Ending Federal Marijuana Prohibition Act of 2011,” which would allow states to determine their own marijuana rules without interference from Washington, DC. If this law passed, states could choose among banning marijuana entirely, making it medically available, decriminalizing its possession or taxing and regulating … Continue Reading
