Category
NLRB
FTC Non-Compete Ban is Blocked, Will Not Go into Effect
Much to the relief of many employers, a Texas court entered an order blocking the Federal Trade Commission’s (FTC) non-compete ban on a nationwide basis. On August 20, the court blocked the non-compete ban from going into effect on September 4. The judge concluded that the FTC lacks the authority to promulgate the non-compete rule......
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.......
New NLRB standard for reviewing legality of Handbook Policies
In December, there was more good news for employers who were hoping that regulators would take a more centrist approach to labor and employment policy. There was another rollback of an Obama era regulatory interpretation at an agency that had been very activist in the last few years. In early December, the National Labor Relations......
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...
Policy banning workplace recordings unlawful
Here we go again! The National Labor Relations Board (NLRB) (the activist agency that declared many common employer policies meant to establish professionalism, workplace cooperation and congeniality to be unlawful) has done it again. In late December 2015, the NLRB ruled that Whole Foods Market policy prohibiting the recording of conversations...
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