Why Do You Need a Handbook Disclaimer and What Should Be In It Anyway?

If you’re like most employers right now, you’re in the process of reviewing your Employee Handbook to see if it needs to be updated. A recent Alabama state court decision offers valuable lessons to all employers with employee handbooks (not just those in Alabama) on the importance of a properly drafted handbook disclaimer. Now, in…

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Employers Beware: Pendulum Continues to Swing in Favor of Unions

Since President Biden took office and subsequently appointed union attorney Jennifer Abruzzo to the General Counsel role, the National Labor Relations Board (the “Board” or “NLRB”) has issued pro-union decision after pro-union decision, several of which reversed Trump-era precedent. The trend continued this past week as the Board issued a series of consequential decisions. Two…

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Quiet Quitting and Today’s Workforce Challenges

The American workforce is in crisis, buffeted by one challenge after another – some recent, and some, like demographic changes, that have been building for decades. At a recent employment law seminar – our first in-person employment program since 2019 – Pierce Atwood brought together clients from health care, higher education, accounting, the nonprofit sector,…

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A Worrying Surveillance Trend for Remote Workers

WORK PRODUCTIVITY TRACKING: EMPLOYERS FACE SCRUTINY WITHOUT TRANSPARENT POLICIES When the pandemic ushered in a new era of remote work possibilities and capabilities, it simultaneously prompted an increase in the amount of remote workers juggling multiple jobs with one being full-time. This trend, known as “overemployment,” has been helpful for some workers. However, for some…

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Offensive Language May Be Protected Concerted Activity

The U.S. Court of Appeals for the D.C. Circuit ruled that the National Labor Relations Board sufficiently addressed the conflict between an employer’s obligations under federal antidiscrimination laws and employee’s rights under the National Labor Relations Act in finding unlawful an employee’s termination for writing “whore board” at the top of two overtime sign-up sheets.…

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7 trends likely to shape HR in 2022

From the Great Resignation to vaccine mandate confusion, last year was a wild ride for HR. Some things may not have cleared up much — like when the pandemic will end or when the labor market will stabilize — but current predictions build on the learnings from the last 12 months. Nearly two years into…

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Employees Working from Home – How Should Company’s React?

With the country reopening due to the lessening of COVID-related restrictions, companies and employees are returning to a new “normal.” Remote working has become a recruiting tool for some companies. For other companies which have required employees to return to the office, the failure to continue to allow some form of remote working (“hybrid model”)…

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NLRB Looks to Circumstances to Determine Duration of Confidentiality Requirement in Investigation

In Alcoa Corp., the National Labor Relations Board addressed an important issue to both non-union and unionized employers alike concerning workplace investigations. Most importantly, the Board reaffirmed that an employer does not violate the National Labor Relations Act (NLRA) when it instructs employees to keep investigative interviews confidential for the duration of the workplace investigation.…

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Employers React to Workers Who Refuse a COVID-19 Vaccination

As COVID-19 vaccines become widely available, many employers are asking if they can require employees to get vaccinated, and what they can do if workers refuse. Some employers are firing workers who won’t take the vaccine. The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that answers some workplace vaccination questions. Employers may encourage or…

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