Category
Concerted Activity
Is it Illegal to Use a Non-Disparagement Clause in Severance Agreements?
Recently, the Biden Administration’s National Labor Relations Board (NRLB) reversed well-established principles and ruled that confidentiality and non-disparagement clauses in severance agreements violate Section 7 of the National Labor Relations Act (the NLRA) if they restrict workers from engaging in protected activity. For instance, the ag...
Prohibiting BLM Messages on Employee Clothing is Legal says NLRB Judge
Most employers have dress code requirements and prohibit employees from wearing certain messages and symbols on their work attire. At Home Depot, its dress code states that the orange apron “is not an appropriate place to promote or display religious beliefs, causes or political messages unrelated to workplace matters.” Home Depot employees...
Are Union Election Petitions Increasing in early 2022?
Yes. According to the National Labor Relations Board (NLRB), during the first six months of fiscal year 2022 (October 1–March 31), union representation petitions filed at the NLRB have increased 57%—up to 1,174 from 748 during the first half of FY2021. At the same time, unfair labor practice charges have increased 14%—from 7,255 to 8,254.......
Firing an employee for discussing work warning with a co-worker is illegal
A staffing company learned an expensive lesson after it questioned and then terminated an employee (administrative assistant to the branch manager) who complained to a co-worker about unfair application of the company dress code policy. The employee felt her discipline was unfair (because other similarly dressed employees were not disciplined) an...
Need on-going HR support?
We have affordable HR retainers that offer a unique alternative to full HR outsourcing or the hiring of a full time HR employee. We design unique solutions to match your business strategy and budget. We have a proven track record of helping companies from many industries. We listen and probe to understand your needs and goals, before we offer recommendations and realistic solutions.
