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Apr 12 2017
Affirmative ActionHarassment & DiscriminationLabor Relations

Blacklisting rule is gone for good

As expected, President Trump signed a resolution from Congress (H.J. Res. 37) that overturns the U.S. Department of Labor (DOL)’s rules implementing Executive Order 13673, “Fair Pay and Safe Workplaces,” also known as the federal contractor “blacklisting” order. As a result, the rule cannot be enforced. Also, federal agencies are prohibited from ever issuing a…

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Nov 14 2016
Labor RelationsQ&ASafety and Health

Q&A: Are employees’ social media posts on wages and safety protected?

Answer: No, you shouldn’t discipline the employee who made the minimum wage comment, but you should definitely take steps to address all of the comments. The National Labor Relations Act (NLRA) protects non-management employees’ right to discuss or complain about their wages, hours, and working conditions. This protection has been consistently interpreted to also protect…

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Nov 10 2016
Drug and AlcoholEmployee BenefitsLabor Relations

Alert: 2016 ballot measures and election results will impact the workplace

CALIFORNIA: Voters approve recreational marijuana Californians voted to approve Proposition 64, the “Adult Use of Marijuana Act,” which legalizes the use of recreational marijuana in the state by individuals who are at least 21 years old. The new law protects individuals from criminal prosecution, but specifically preserves an employer’s right to enforce a drug-free workplace…

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Mar 24 2016
Labor Relations

ALERT: DOL persuader rule expands requirements to report help from labor consultants

A revised regulation from the U.S. Department of Labor (DOL) will require employers to file electronic reports detailing all activities in which they use a consultant to persuade employees regarding their rights to organize and bargain collectively. The reports will be publicly accessible online, and must include specific information about the projects, organizations, people, and…

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Dec 08 2015
Labor Relations

NLRB says staffing agency employees can bargain with client employer

In a ground-breaking decision, the National Labor Relations Board expanded its definition of a “joint employer” and ruled that temporary staffing agency workers had the right to form a union and bargain not only with their agency employer but also with their on-site client employer. In this case, a recycling company used its own union-represented…

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Nov 24 2015
Labor Relations

Employee posting of disciplinary warning protected

An employer acted illegally when it ordered a worker to remove from his cubicle a copy of a disciplinary warning that he had received, ruled the National Labor Relations Board. The employee had been written up for being insubordinate when he refused to put away his tablet during a meeting. He filed a grievance over…

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Oct 15 2015
CaliforniaHarassment & DiscriminationLabor Relations

California Employers: More 2015 bills signed

Governor Jerry Brown has signed more bills from the 2015 California legislative session that affect employers, some of which are extremely significant. Unless otherwise indicated, these bills take effect on January 1, 2016. SB 358: The California Fair Pay Act dramatically expands the ability of workers to sue for sex discrimination in payment of wages….

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Sep 21 2015
Labor RelationsQ&A

What rights extend to personal vehicles on company property?

Yes, in this situation you would be able to require the employee to remove the objectionable material from their personal vehicle, but you may not always have that right. The federal National Labor Relations Act (NLRA) gives employees the right to engage in concerted activity for mutual aid and protection related to wages, hours, and…

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Aug 06 2015
Labor RelationsTermination & Resignation

Employee fired for “gossiping” about potential firing wins case against employer

Termination of an employee for telling coworkers about a job posting she believed was for an existing job with their Oregon employer was illegal, ruled the National Labor Relations Board. The advertisement did not list the employer, but from the description the employee believed it was her employer, a nonunion company. A coworker who heard…

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Jan 27 2015
Labor RelationsQ&A

Can we require employees to keep quiet about their wages?

A: No. It’s understandable that employers may not want folks discussing wages and salaries around the water cooler, but the National Labor Relations Act (NLRA) makes it illegal to prohibit non-management employees from sharing this information. Under the NLRA, non-management employees have the right to discuss their wages, hours and working conditions with each other….

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Dec 12 2014
Labor Relations

Alert: Employees may use company email for protected communications

The National Labor Relations Board decided yesterday that if an employer gives employees access to its email system in the course of their work, those employees are entitled to use their email to band together to discuss their wages, hours, and working conditions during non-working time. In other words, just as employees have historically been…

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Sep 10 2014
Labor Relations

Executive Order requires scrutiny of labor law violations

The President recently issued an executive order to require certain federal contractors to disclose labor law violations, provide paycheck notices to employees, and refrain from requiring nonunion employees to sign certain pre-dispute arbitration clauses. The order won’t take effect until regulations are proposed and finalized, however. Executive Order 13673 (Fair Pay and Safe Workplaces) includes…

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