Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Labor Relations

Photo of Kara Craig
Sep 15 2022
Labor RelationsSafety and Health  

Q&A: Employees usually have right to display union insignia at work

Question: We have a dress code policy that requires production employees to wear either a plain t-shirt, or a t-shirt with the company logo. One of our employees came to work this morning wearing a t-shirt with the union logo. Can I require them to change? Answer: Probably not. The company…

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Photo of Leila Duntley
Sep 01 2022
Harassment & DiscriminationLabor RelationsTermination & Resignation  

Q&A: Plan ahead before downsizing

Question: Times are tough, and we might have to lay off employees or downsize. What do we need to think about beforehand and what steps do we need to take in advance? Answer: Two words: plan ahead. Planning for a reduction in force (RIF) and making sure everything is in order…

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Photo of Sean Brown
Jul 01 2021
Labor RelationsSafety and HealthWage and Hour  

Supreme Court bolsters employers’ right to exclude union organizers

On June 23, 2021, the U.S. Supreme Court helped to protect employers’ property rights by striking down a California regulation that required agricultural employers to grant union organizers access to their property for one hour before work, one hour at mealtimes, and one hour after work for up to 120 days per…

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Photo of Sean Brown
Nov 12 2020
Labor RelationsSafety and HealthWage and Hour  

WASHINGTON: Agriculture exemption from overtime takes a hit

The Washington Supreme Court recently ruled the state’s agricultural exemption from overtime doesn’t apply to dairy workers, in a case with widespread implications for all agricultural employers. Under Washington’s Minimum Wage Requirements and Labor Standards Act, employees must generally be paid overtime for all hours worked over 40 in a workweek, unless a…

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Photo of Jon Benson
Aug 06 2020
Q&ALabor Relations  

Q&A: Untangle abusive employee conduct and protected activity

Question: One of our employees posted an abusive and profane message about their supervisor on social media, complaining to coworkers about pay and working conditions. Can we discipline this employee? Answer: Maybe, if you would discipline other employees for using such language at work. The National Labor Relations Act (NLRA) protects…

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Photo of April Uzzardo
Jul 09 2020
COVID-19Labor Relations  

CALIFORNIA: SF grants reemployment rights after COVID-19 layoffs

The San Francisco Board of Supervisors recently voted to create a temporary right to reemployment following a layoff resulting from the COVID-19 (coronavirus) pandemic. The “Back to Work” emergency ordinance, which took effect July 3, 2020, requires employers in San Francisco with 100 or more employees (immediately before the first layoff) who have…

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Photo of Kara Craig
Jun 18 2020
Q&ALabor Relations  

Q&A: Know how to address inflammatory social media posts

Question: Several employees have reported that a coworker posted offensive content on Facebook about the recent protests. They say that she’s making “racist” comments and it makes them uncomfortable. Can we discipline the employee? If not, what else can we do to address this behavior? Answer: First, gather all of the facts. Find out exactly…

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Mar 24 2020
COVID-19Labor Relations  

NLRB suspends elections, closes some offices in response to COVID-19

The National Labor Relations Board has temporarily suspended union representation elections until April 3, 2020. In an announcement on March 19, 2020, the Board said the temporary suspension was necessary to protect the health of its own employees and members of the public involved in elections. Also, the Board said…

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Mar 10 2020
Labor Relations  

Board issues final rule on joint employer status under NLRA

The National Labor Relations Board recently issued a final rule on how to determine whether an employer jointly employs another employer’s workers under the National Labor Relations Act (NLRA). Historically, companies, workers, unions, and attorneys had to rely on old Board decisions to analyze whether organizations were joint employers under the…

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Nov 13 2019
Labor Relations  

Employer unlawfully surveilled workers’ pro-union Facebook page

An employer engaged in unlawful surveillance in violation of the National Labor Relations Act (NLRA) by asking a worker to gather information and report back about a pro-union, private Facebook group to which other workers belonged, according to a recent decision by the National Labor Relations Board. Under the NLRA,…

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