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Articles Posted in Unions (labor relations)

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The NLRB’s new joint-employer rule is out today. Here are the three things employers need to know about it.

Sgomag / CC BY-SA Why should you care about joint employment? What’s new? And why did the National Labor Relations Board change the rule? Let’s answer these questions… Why should you care about joint employment? Here is what the Board thinks: If the employees are represented by a union, the…

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Remember when Barstool Sports mocked unionization on Twitter? How do you think that ended?

By Viktorvoigt, derivative work: Dove – Blue_flag_waving.svg, CC BY-SA 3.0, Link I’m guessing that the white flag may have been a bit of a spoiler. Let’s rewind the tape and remind you what happened back in August. Here is Andrew Wallender’s recap Bloomberg Law: The Barstool Sports controversy began after…

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Federal appellate court instructs NLRB to reconsider whether it’s okay for an employee to use sexist language

Image by Clker-Free-Vector-Images from Pixabay Last Summer, the National Labor Relations Board asked the public to help it decide when employees should be allowed to make racist or sexist comments at work. I would have assumed that the answer is, you know, “never.” But, then again, I don’t make the…

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The Best of The Employer Handbook in 2019 confirms that you readers are STONE COLD SAVAGES!

Image by mohamed Hassan from Pixabay 2019 was a busy year for HR compliance. That’s a true statement even if we forget about all that went down in New Jersey. Among other things, the U.S. Department of Labor announced a final rule to make 1.3 million American workers eligible for overtime…

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Dammit! They’re practically twisting my arm to blog about union-related stuff.

Image by Darrin Kiessling from Pixabay “So, Meyer thinks his organized-labor blog posts go over like wet farts, does he? Fam, let’s announce one — no, TWO HUGE DECISIONS in one day, and we’ll see how he gets around writing about them. That blogger nerd!” — National Labor Relations Board…

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Can a company require new employees not to bash it on Glassdoor? Is that legal?

Glassdoor [Public domain], via Wikimedia CommonsLet’s find out. Last week, the National Labor Relations Board’s Office of General Counsel released this Advice Memorandum. It involves a Missouri law firm that required all newly-hired support staff and attorneys to sign an employment agreement containing the following non-disparagement provision: “[D]uring and after…

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You know that employee that won’t shut up about being underpaid? Yeah, well, you may be stuck with that person.

At first glance, this recent National Labor Relations Board General Counsel Advice Memorandum, with all its redactions and such, seems hardly worth the trouble to parse through. But, that’s why they pay me the big bucks bupkis to blog and try to make something out of nothing. And I’ve done…

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NLRB: Maybe, after all, it’s not ok for employees to call their bosses nasty motherf***ers

Image by kdbcms from Pixabay Yesterday, the National Labor Relations Board announced here that it wants your input — actually your lawyers will have to submit a brief — “on whether the Board should reconsider its standards for profane outbursts and offensive statements of a racial or sexual nature.” Specifically,…

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Could misclassifying an employee as an independent contractor violate the FLSA and federal labor law too?!?

By National Labor Relations Board – http://www.nlrb.gov/shared_files/Press%20Announcements/2010/A-08.pdf, Public Domain, Link Just because you say that an employee is an independent contractor doesn’t make it so. Many companies have found that out the hard way when the U.S. Department of Labor comes knocking for a wage and hour audit. But, could…

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Common social media polices. Guess which ones are actually unlawful.

Image Credit: Photofunia.com (https://photofunia.com/results/5d62b23b089f7a97908b45c1) All right, Einstein. Let’s test your social media policy savvy. Earlier this month, the National Labor Relations Board’s Office of General Counsel issued an advice memorandum addressing your favorite topic: intermittent FMLA leave administration social media policies. (Editor’s Note: I’m pretty sure that social media policies…