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Social Media Policy Violates NLRA, But Hold the Guacamole

Darrell VanDeusen
Darrell VanDeusen
08/22/2016
Labor Law, Social Media
Company restrictions of employee commentary on social media continue to be a problem in the eyes of the National Labor Relations Board.  In Chipotle Services, LLC, 362 N.L.R.B. No. 72 (August 18, 2016) the Board held that the company’s policy telling employees to be careful not to post “incomplete, confidential or inaccurate information” was an unfair labor practice.  This result should not surprise anyone who has been paying attention to...
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NLRB Issues Guidance on New Federal Contractor Reporting Obligations

Kollman & Saucier
Kollman & Saucier
07/21/2016
Labor Law
In the aftermath of the Fair Pay and Safe Workplaces Executive Order, which President Obama signed on July 31, 2014, the NLRB Office of General Counsel has issued guidance to its regions concerning the collection of additional information and reporting of certain federal contractors. Federal contractors and employment lawyers may recall that the Fair Pay and Safe Workplaces Executive Order requires the EEOC, DOL and NLRB to collect and provide to...
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Court Strikes Down DOL's New Persuader Rule

Kollman & Saucier
Kollman & Saucier
06/30/2016
Agency Activity, Labor Law
On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) issued a nationwide injunction preventing the  U.S. Department of Labor (DOL) from implementing  its revised "Persuader Rule," which had been set to take effect on July 1, 2016. The Court found that NFIB and other plaintiffs  established a substantial likelihood of success on...
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Seventh Circuit Sides with NLRB on Arbitration Agreements, Creates Circuit Split

Kollman & Saucier
Kollman & Saucier
06/02/2016
Arbitration, Class Actions, Labor Law
In a surprising decision for atypically business-friendly appellate court, the United States Court of Appeals for the Seventh Circuit has sided with the National Labor Relations Board’s position that a mandatory agreement requiring employees to waive the right to bring a class or collective action in arbitration violates the National Labor Relations Act (NLRA).  Lewis v. Epic Systems Corporation, No. 15-2997 (7th Cir. May 26, 2016). Epic...
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NLRB Strikes Down Yet Another Employee Misconduct Rule

Kollman & Saucier
Kollman & Saucier
04/16/2016
Labor Law
In  William Beaumont Hospital, 363 N.L.R.B. No. 162, 4/13/16,  the National Labor Relations Board (NLRB) recently examined William Beaumont Hospital’s “Code of Conduct for Surgical Services and Perianesthesia.”  The Code read, in relevant part: It is the intention of Beaumont Hospitals to foster effective working relationships among all hospital employees and physicians in order to provide and maintain high quality and safe patient care....
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We Only Part to Meet Again: NLRB Judge Finds Routine Separation Agreement Terms Violate the NLRA

Kollman & Saucier
Kollman & Saucier
04/01/2016
Labor Law
Many employers use severance agreements as a tool to reduce legal exposure surrounding an employee separation.  Such agreements typically involve a broad release of claims by the employee in exchange for severance from the employer.    Employers also generally include terms to clarify post-separation obligations and ensure that once the employee and employer part ways, they will not meet again.  Unfortunately, a recent decision by an NLRB judge...
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8th Circuit Finds Employees’ Sick Ad Campaign is Protected Activity Under the NLRA

Kollman & Saucier
Kollman & Saucier
03/29/2016
Labor Law
Sick of having to find coverage when ill, Jimmy John’s employees who took their message public soon found themselves on permanent leave.  In this 2-1 decision, the Eighth Circuit backed a National Labor Relations Board (“Board”) ruling that a franchisee unlawfully discharged employees for publicizing information suggesting the company’s sick leave policy posed food safety risks to consumers. MikLin Enterprises, Inc. v. NLRB, No. 14-3099 (8th...
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The Final Persuader Rule Is Here, For Now.

Kollman & Saucier
Kollman & Saucier
03/24/2016
Agency Activity, Labor Law, Union Activity
On March 23, 2016, the Department of Labor revealed its long-time coming final rule that requires certain disclosures now be made for outside labor relations consultants who assist employers during union organizing activity or collective bargaining, and which are no longer protected under the "advice" exemption under the disclosure obligations.  The reporting requirements under Labor-Management Reporting and Disclosure Act will now include any third...
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More Woes for Chipotle: NLRB Judge Rules Employee Tweets Are Protected Activity

Kollman & Saucier
Kollman & Saucier
03/17/2016
Labor Law, Social Media
Continuing a trend that started several years ago, an NLRB Administrative Law Judge found that an employer violated the National Labor Relations Act by disciplining an employee for social media posts.  This time the guilty party was a Chipotle restaurant.  In Chipotle Services LLC, a disgruntled employee took to Twitter to vent his frustrations over working conditions.  Two of his tweets concerned “snow days” and crew members’ hourly...
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Employers Can’t Press Mute on Employee Solicitations at Work, NLRB Says

Kollman & Saucier
Kollman & Saucier
03/07/2016
Labor Law
Hands off the remote. Last Thursday, the National Labor Relations Board (NLRB) took control, ruling that Dish Network must revise its solicitation policy to allow workers to engage in concerted activity in work areas during non-work times. Dish Network, LLC, Case 27-CA-131084 (March 3, 2016). The NLRB affirmed an administrative law judge’s ruling that Dish Network’s policy seemed likely to suppress workers’ protected activities. The charging...
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