On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard for assessing whether workplace rules, including policies found in handbooks, infringe upon employees’ rights under Section 7 of the National Labor Relations Act (NLRA), in violation of Section 8(a)(1) of the NLRA.
Continue Reading NLRB Issues New Standard for Scrutinizing Employers’ Workplace Rules
The National Labor Relations Board’s General Counsel Jennifer Abruzzo issued Memorandum GC 23-05 which provides additional guidance on the recent NLRB decision in McLaren Macomb regarding confidentiality and nondisparagement clauses
Continue Reading NLRB General Counsel Issues Guidance on Recent Decision Regarding Confidentiality and Non-Disparagement Clauses
On May 17, 2022, Connecticut Governor Ned Lamont signed into law the so-called “captive audience” bill (Senate Bill 163), which prohibits employers from requiring their employees to (a) attend employer-sponsored meetings that have a primary purpose of communicating the employer’s opinion concerning religious or political matters, or (b) listen to speech or view communications that have a primary purpose of communicating the employer’s opinion regarding religious or political matters. The law goes into effect on July 1, 2022.
Continue Reading Connecticut Governor Signs Law Prohibiting Employer-Employee “Captive Audience” Communications
In an effort to resolve a hotly debated legal issue spanning decades for private college and university employers, the National Labor Relations Board (NLRB) recently released a proposed rule that would effectively block college students from unionizing.
Continue Reading Calling All Campuses: NLRB Proposes New Rule to Block College Student Labor Unions
On Monday, in a 5-4 majority decision in Epic Systems Corp. v. Lewis, No. 16-285, the U.S. Supreme Court found class action waivers in arbitration agreements to be valid and enforceable, settling a long-standing split among federal courts of appeals.
By way of background, the Supreme Court years ago allowed employers to use arbitration clauses as a way to resolve employment disputes outside of court by requiring employees to agree to arbitration as a condition of employment. In recent years, employers have included class action waivers in such arbitration agreements. These waivers prevent employees from joining a class or collective action lawsuit/arbitration against their employer.
Continue Reading U.S. Supreme Court Approves Use of Class Action Waivers in Arbitration Agreements