Section 7 Rights
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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...
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......
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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