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Showing 11 posts in National Labor Relations Act.

NLRB Decision Limits Employer’s Off-Duty Policy, Part II

Earlier this week, we provided information relative to the NLRB’s decision in Piedmont Gardens, 360 NLRB No. 100 (2014).The issue in the case was the employer’s ability to regulate off-duty employee access to the property, a nursing home. The company handbook contained a provision that generally prohibited off-duty access, unless such access was previously authorized by a supervisor. The NLRB found the “unless previously authorized” caveat to be unlawful because it gave supervisors an unlimited scope in determining when and why employees could access the building. More >

NLRB Decision Limits Employer’s Off-Duty Policy

The National Labor Relations Board (NLRB) recently issued a decision in Piedmont Gardens, 260 NLRB NO. 100 (2014) regarding the legality of an employer’s off-duty access policy. Piedmont Gardens is a nursing home. Many employers, especially those in health care or other highly-regulated industries, have policies that prohibit against employees lingering around the job site when not working. Off-duty employees can not only be a disruption to the business and create security risks, but can also increase an employer’s liability. After the newest NLRB decision on the issue, however, employers should review their policies to ensure that they do not run afoul of federal law. More >

Fresenius USA Manufacturing, Inc.- Forcing Employers to Navigate the crossroads of workplace harassment & the NLRA

Properly navigating workplace harassment laws is a tricky endeavor for any company.  A recent decision from the National Labor Relations Board (NLRB) in Fresenius USA Manufacturing, Inc. (September 19, 2012) makes employers’ obligations in this arena even more uncertain. 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 >

After-hours Supervision Policies

Posted In Employee Contracts, Employment Law, National Labor Relations Act, Wage and Hour

Do you need to have a supervisor present when associates are working after hours or on the weekends? There is no law that requires that all work be supervised. So, it is perfectly legal and acceptable to have employee’s work after hours or on the weekends on company premises.  However, doing so raises some legal concerns.

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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:

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The NLRB’s View On Acceptable Social Media Policies

The rise of social media, and the desire of employers to both control and police it as to their employees, has served to expose, to many for the first time, that the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 151, et. seq. applies not just to unionized work places but to virtually all private employers of any significant size engaged in interstate commerce.  Section 7 of the NLRA protects employees’ rights to engage in what is commonly referred to as “concerted protected activity” for their mutual aid and protection in both unionized and un-unionized work places.  Pre-social media this activity was typically not that difficult to spot because it commonly manifested itself as two or more employees talking face-to-face about working hours, pay, work conditions, etc. If an employee was acting alone, and thus, not part of concerted activity, it was typically easy to spot as well.  However, with the rise of Facebook, Twitter, YouTube and other social media outlets, what is and is not protected activity has become less clear due to the lack of clear employee interaction, and the question of what is in fact protected activity is an increasingly important question as employers struggle with what to do about employee electronic posts or communications which they do not agree with and feel merit adverse employment action.  This is especially true where these communications concern what is felt to be confidential or proprietary information.

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New NLRB Report on Employer’s Social Media Policies

On May 30, 2012, General Counsel for the National Labor Relations Board (NLRB) issued a report focusing exclusively on employer social media policies for employees. The report contains seven total cases and found that six of the cases had some lawful provisions, and only one case had a social media policy that was entirely lawful. In general, social media policy provisions are unlawful where they interfere with the rights of employees under the National Labor Relations Act (NLRA), such as the right to discuss working conditions and wages with other employees. In light of this new report, now is a great time to review your social media policy. McBrayer, McGinnis, Leslie & Kirkland, PLLC can assist you with your social media policy needs to help ensure compliance with the NLRA.

NLRB’s Continued Focus on Social Media

NLRB’s Continued Focus on Social Media, Use of Reinstatement Remedies to Protect Concerted Activity, and New Guidance for Employers Drafting Social Media Policies More >

Class Action Waivers in Employee Arbitration Provisions: Proceed with Caution – For Now.

Employee arbitration provisions containing class or collective action waivers are frequently utilized by non-union employers, often within employment agreements as a condition of employment.  The National Labor Relations Board (NLRB), however, recently issued a decision regarding the validity of such provisions which could significantly impact the ability of employers to enforce class waivers. More >

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