The Final Persuader Rule Is Here, For Now.

Randi Klein Hyatt
Randi Klein Hyatt
03/24/2016
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

Randi Klein Hyatt
Randi Klein Hyatt
03/17/2016
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

Randi Klein Hyatt
Randi Klein Hyatt
03/07/2016
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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West Virginia Becomes the 26th Right to Work State

Eric Paltell
Eric Paltell
02/19/2016
"Right to Work" laws prohibit an employer from requiring workers to pay union dues as a condition of employment.  While many view these laws as something which allows employees to freely choose whether they wish to be a dues-paying union member, organized labor considers them to be an anathema.  In a right to work state, employees can be "free riders," meaning they can be covered by a collective bargaining agreement, but not required to pay for the...
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Public Sector Unions Will Live to Fight Another Day

In addition to being the final arbiter of cases raising questions of federal law, the United States Supreme Court is sometimes asked to stay the scheduled execution of death row inmates.  With the unexpected passing of Justice Antonin Scalia on February 13th, the Court may have granted a stay of of execution to labor unions  representing government employees. On January 11, 2016, the Supreme Court heard oral arguments  in Friedrichs v. California...
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The NLRB's Big Mac Attack

Randi Klein Hyatt
Randi Klein Hyatt
01/13/2016
The National Labor Relations Board recently heard two interlocutory appeals by McDonald’s that arise out of a sprawling case against it and a number of its franchisees. The General Counsel filed 61 unfair labor practice charges in 6 regions. The charges were brought against 31 parties (30 franchisees and the corporate franchisor) and allege 181 violations. The General Counsel did not allege that McDonald’s (the corporate franchisor) engaged in...
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Whole Foods Stores Are For Shopping And Secretly Recording, Says The NLRB

Randi Klein Hyatt
Randi Klein Hyatt
01/08/2016
On December 24, 2015, the National Labor Relations Board (NLRB) invalidated two employee handbook policies that prohibited employees from recording conversations, phone calls, images or meetings in the workplace. In Whole Foods Market, Inc. and United Food and Commercial Workers, et al., 363 NLRB No. 87 (2015), the NLRB found that requiring employees to obtain management’s approval before recording certain aspects of the work environment violated...
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NLRB Judge Rules That "Joint Employers" Are Joint Employers

Eric Paltell
Eric Paltell
12/22/2015
The legalization of medical and recreational marijuana use has created a host of new employment law issues. One of the most common questions we get is about drug test results:  what happens if an employee or applicant tests positive in a state where medical or recreational marijuana use is legal? (the answer is that marijuana use is still illegal under federal law, so, in theory, an employer can discipline the employee or not hire the...
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NLRB Strikes Down AmEx Arbitration Policy

Randi Klein Hyatt
Randi Klein Hyatt
11/13/2015
A recent decision from the NLRB demonstrates that even cleverly worded arbitration and class action policies are going to be a tough sell to the Board. In Amex Card Services Company, NLRB Case no. 28-CA-123865, American Express required all new hires, and employees hired after June 1, 2003, to agree to resolve any employment-related dispute by arbitration, and to refrain from engaging in any class, representative or collective action. These...
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Federal Appeals Court Affirms NLRB Decision Striking Down Employer Policies

Randi Klein Hyatt
Randi Klein Hyatt
11/11/2015
By now, most employers know that the NLRB is cracking down on’ practices and policies that could interfere with employees’ rights to engage in "protected concerted activity" under the NLRA. Unfortunately, as the Board continues to expand the scope of its decisions, many employers (and lawyers) are forced to play catch-up and revise policies.   A recent case from the United States Court of Appeals for the District of Columbia  is a lesson in...
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