On Wednesday, an administrative law judge issued a cease and desist order forcing an employer to rescind overly broad nondisparagement and confidentiality language from its severance agreement and notify all former employees who signed them.
This could have been avoided. Continue reading
The Federal Trade Commission isn’t the only government agency gunning for your company’s noncompetes.
Earlier this month, a National Labor Relations Board Administrative Law Judge ruled that a non-union employer violated the National Labor Relations Act by utilizing unlawful noncompete and nonsolicitation provisions in employment agreements. Continue reading
I disappeared down a few Google rabbit holes in my attempt to find the right coffee pun to introduce yesterday’s Supreme Court decision in which eight out of nine justices agreed to recalibrate the test for when the National Labor Relations Board seeks an injunction in federal court to curtail what it believes is an employer’s (here, Starbucks) unfair treatment of employees.
I know it was a tall order. Continue reading
Like The Rock laying the smack(eth) down on Cody Rhodes in a Chicago parking lot, a federal appellate court recently pummelled the National Labor Relations Board. Although to be clear, no one was harmed as part of the DC Court of Appeals’ recent ruling about the contours of employee surveillance.
I’ll tell you what happened.
On Friday evening, a Texas federal judge blocked a proposed National Labor Relations Board rule that would have made it much easier for employees to unionize when he determined that enforcing the Board’s proposed joint employer rule “would be contrary to the law” and “arbitrary and capricious.”
I’ll give you a little refresher on the Board’s proposal. Then, we’ll examine where it fell apart. Continue reading
Photo by Brett Sayles: https://www.pexels.com/photo/slogan-black-lives-matter-on-black-board-4665903/
Last week, the National Labor Relations Board decided that a NON-union employer cannot require employees to remove “Black Lives Matter” (BLM) insignia from their work uniform when the BLM marking is a “logical outgrowth” of earlier group protests about racial discrimination in their workplace.
About a year ago, a media organization fired one of its reporters after it found his ‘inflammatory’ Instagram posts (NSFW) showing clips of his off-the-clock standup comedy routines.
Last week, an arbitrator, who found some of the reporter’s jokes ‘funny,’ ordered the company to rehire him. Continue reading
Yesterday, the National Labor Relations Board swung the pendulum even further in favor of unions when it issued its Final Rule on joint employment. Continue reading
On Friday, the National Labor Relations Board issued a decision in Cemex Construction Materials Pacific, LLC that it claims in this press release will “effectuate employees’ right to bargain through representatives of their choosing and improve the fairness and integrity of Board-conducted elections.”
That’s one way of putting it. Continue reading
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