The National Labor Relations Board (NLRB) continues to take an activist role, striking a number of such policies, including employers' confidentiality and social media policies.
Confidentiality
On February 6, 2014, the NLRB determined that employer ...
[Read more] about Confidentiality and Social Media Policies of Employers Found to Violate Federal Labor Law
Updates
Genetic Information Nondiscrimination Act: Pre-Employment Physicals Can be a Violation
The Genetic Information Nondiscrimination Act (GINA) was passed by Congress in 2008 to prevent employers from demanding genetic information, including family medical history, and using that information in the hiring process. However, GINA’s impact on ...
[Read more] about Genetic Information Nondiscrimination Act: Pre-Employment Physicals Can be a Violation
Why All Employers Need to Start Paying Attention to the NLRB
After operating for many months with three members whose recess appointments have been challenged as unconstitutional, on July 31, 2013, the U.S. Senate confirmed a full slate of nominations to the National Labor Relations Board (NLRB or the Board), ...
[Read more] about Why All Employers Need to Start Paying Attention to the NLRB
Employees’ Critical Social Media Posts about Supervisor were Protected by the NLRA
Can employees' critical social media posts about a supervisor be fair grounds for dismissal? In a case filed with the National Labor Relations Board (NLRB), three employees fired for complaining about a supervisor on social media were found to have ...
[Read more] about Employees’ Critical Social Media Posts about Supervisor were Protected by the NLRA
At-Will Manager Can be Discharged for Obstructing Internal Investigation
The California Court of Appeal delivered a strong reminder to employers on the value of maintaining an at-will employment relationship with employees. The Court in McGrory v. Applied Signal held that a manager’s uncooperative and allegedly untruthful ...
[Read more] about At-Will Manager Can be Discharged for Obstructing Internal Investigation
Pregnancy Disability Leave: How Much is Enough Under California’s Laws?
California’s new Pregnancy Disability Leave (PDL) regulations issued in December 2012 had sweeping implications for employers trying to maneuver their way through the various leave issues presented by employees seeking time off due to pregnancy or ...
[Read more] about Pregnancy Disability Leave: How Much is Enough Under California’s Laws?
NLRB Rulings Impose Limits on Non-Union Workplaces
Many employers mistakenly believe that the National Labor Relations Act (NLRA or Act) and its enforcing arm, the National Labor Relations Board (NLRB or Board), are only relevant to unionized workplaces. However, in an apparent effort to assert their ...
[Read more] about NLRB Rulings Impose Limits on Non-Union Workplaces
California Law on Commission Payments – Make it Official and Make it Clear
Paying employees on a commission basis is a common practice for retail, manufacturing and service industries employers. Until several years ago, California employers were free to make commission arrangements with employees by letter, verbally, or ...
[Read more] about California Law on Commission Payments – Make it Official and Make it Clear
