NLRB
The End of an Era? NLRB Holds Lawful Employer’s Rules Restricting Employee Communications on Social Media
Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA. However, the Board panel was sharply divided between its Republican majority and Lauren McFerran, its sole Democratic member. In a strongly worded dissent, Member McFerran took issue with the ruling,…
Read MoreVirtual Posters – New DOL Guidance on Federally-Mandated Notices in a Virtual Workplace
Recognizing that remote work is here to stay for many employers, the U.S. Department of Labor (DOL) recently issued guidance on how employers can use virtual means to distribute and maintain the various posters required by federal employment laws. Background Several federal laws, including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act…
Read MoreVaccination as a Condition of Employment: Evaluating Legal Risks of Mandatory Vaccine Policies During the Pandemic
With coronavirus vaccines receiving their emergency use authorizations from the FDA and being rapidly rolled out, employers will need to evaluate a mandatory vaccination policy that balances employee rights with novel business realities and pre-existing legal frameworks lacking clear guidance in the face of COVID-19. Under existing federal law and regulations, employers may be able…
Read MoreEmployers Can Require Proof of COVID-19 Vaccination — With Some Exceptions, EEOC Says
Employers can require proof that employees have received a COVID-19 vaccine — with some exceptions, the U.S. Equal Employment Opportunity Commission (EEOC) said in Dec. 16 guidance. COVID-19 vaccinations approved by the Food and Drug Administration do not constitute medical examinations under the Americans with Disabilities Act (ADA), EEOC said, but certain inquiries could implicate the…
Read MoreAddressing and Preventing Inappropriate ‘Shop Talk’
In a manufacturing environment, employees often work near each other, and the level of noise can cause conversations to go unheard by others not in the immediate vicinity. Like the quintessential example of “locker room talk,” “shop talk” in a manufacturing environment can walk a fine line between employee banter and inappropriate, or, in extreme…
Read MoreEmployees Are Responsible for Logging Remote Work Hours
Employers have struggled with identifying remote working hours for non-exempt employees juggling telework, child care and/or virtual learning during the pandemic. Employees will now bear the burden of properly recording those hours, under new enforcement guidance issued by the Department of Labor (DOL) in late August. Under the federal Fair Labor Standards Act (FLSA), an employer…
Read MoreAcademic Studies Diverge on Salary History Bans’ Effects on Worker Pay
States and cities are increasingly barring employers from asking about job applicants’ salary histories with the aim of closing pay gaps, but it remains to be seen whether those laws are having the intended effect, according to recent research. An analysis of salary history bans published earlier this month by researchers at the Boston University…
Read MoreAuto-Deducted Meal Breaks — Can They Be Done?
The practice has landed many in a costly trap. Companies with practices conducive to auto-deductions, however, may be able to use them without fear. At first glance, auto-deducting employees’ unpaid meal breaks from their pay may appear to be a good idea. Administratively, it’s simpler than requiring employees to clock out and clock back in, and…
Read MoreAnswers to Wage and Hour Questions You’re Afraid to Ask as Workers Return
As states lift stay-at-home orders and businesses prepare to reopen their doors to employees, employers face a minefield of issues on the employment law front. One major area is wage and hour law, as many employers had to quickly implement layoffs, furloughs and wage cuts in the wake of the pandemic. As employers bring back…
Read MoreMore Handbook Guidance: NLRB Shows When It Will Uphold Policies Regarding Confidentiality, Cell Phones, and Email Usage
Since the National Labor Relations Board issued the precedent-changing Boeing Company decision in late 2017, the Board has continuously illustrated when employment policies will survive scrutiny under the National Labor Relations Act. Recently, in Argos USA LLC, the Board clarified its position about three common types of employment agreements or policies, i.e., those concerning confidentiality,…
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