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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 year. Agricultural workers…

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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 specific exemption…

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Aug 06 2020
Labor RelationsQ&A

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 employees who band together…

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Jul 09 2020
COVID-19CaliforniaLabor 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 laid off…

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Jun 18 2020
Labor RelationsQ&A

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 it can’t effectively conduct elections…

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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 NLRA, but the Board…

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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, an employer can’t “interfere with,…

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Dec 17 2018
Employee BenefitsHarassment & DiscriminationLabor Relations

Q&A: No-fault attendance policies must allow many exceptions

Answer: If you’re unsure, then you may need to get clarification from the employee before assigning attendance points to an absence. Some absences are clearly unprotected, such as late arrival due to car trouble or a speeding ticket. Use caution if the employee raises a family or medical reason for an absence, though. Your Vigilant…

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May 23 2018
HiringLabor Relations

ALERT: Supreme Court says new hires can waive class actions in arbitration agreements

The U.S. Supreme Court has ruled that employers may require new hires to agree that any employment disputes must be resolved by taking their claims to an arbitrator on an individual basis. The Court’s ruling allows employers to proactively prevent workers from later joining together to file class-wide lawsuits or arbitration claims, which can be…

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Mar 09 2018
Harassment & DiscriminationLabor Relations

NLRB attorney recommends dismissing Google engineer’s complaint

The National Labor Relations Board should dismiss a Google software engineer’s complaint that he was illegally fired for circulating an anti-diversity memo, according to an official opinion from a staff attorney in the Division of Advice for the Board’s Office of the General Counsel. You may recall that in August 2017, the media was abuzz…

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Jul 13 2017
Labor RelationsQ&A

Employees wearing protest attire and using work email to stir the pot

A: Generally, no. Unfortunately for employers, the National Labor Relations Board, the agency tasked with enforcing the National Labor Relations Act (NLRA), has consistently decided that these activities are protected. The NLRA protects nonmanagement employees’ ability to unionize or band together to advance their common interests regarding wages, hours, and working conditions; exceptions are very…

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