Tag Archives: Unionized Employees

Labor Strikes Back: The New NLRB Initiatives

While private sector union representation has been declining for decades, the last few years have ushered in a resurgence of union initiatives.  Importantly, these efforts have been fueled by a labor friendly National Labor Relations Board (“Board”) that has embarked on unprecedented programs to allow for: so-called “ambush” elections; the expansion of the doctrine of joint employment; review of independent contractor misclassification issues concerning bargaining unit issues; expansion of employee protections for the use of social media; and intrusion upon “core” employer prerogatives under the “guise” of protecting “concerted activity” under the National Labor Relations Act (“ACT”). At the same …

[ CONTINUE READING ]

“Like” It or Not, It’s Protected Activity Under the NLRA

If I’ve heard it once, I’ve heard it a million times:  “It’s employment at will in this state.  I can fire my employees for any reason or no reason at all.”  Well, if that “any reason” or “no reason” has something to do with social-media based condemnation of your company, you might want to think again before permanently “unfriending” your employee. This past week, the Second Circuit affirmed an NLRB ruling that an employee’s Facebook post criticizing her employer (the “Triple Play Bar and Grille”) in connection with its income tax withholding practices (trying to keep this post PG, but …

[ CONTINUE READING ]

Union or Not, the NLRB Has Employers (and Their Employee Handbooks) In Its Sights

Here’s something that often comes as a surprise to my clients with a non-union employee base: the NLRA (National Labor Relations Act) likely applies even without any union employees. Yep – you read that right. In fact, the NLRA’s application is quite broad, covering the vast majority of private employers in the United States. And because there aren’t already enough rules and regulations that employers need to comply with (read that again, with sarcasm), the NLRB has been making things even more difficult for employers lately, paging through employee handbooks and going line by line to find potential issues. In …

[ CONTINUE READING ]

Final Paycheck Laws – Getting It Right (Part II)

Unless you’re Donald Trump, you probably don’t like telling employees, “You’re Fired!” On the other hand, most employers do not like to hear that an employee is quitting. However, eventually the day will come when an employee leaves, and will be asking about his or her final paycheck. Many managers view the final paycheck as their last chance to get property back, or paperwork filled out. They often make this decision based on what they “feel” is fair and reasonable. Unfortunately, no matter how fair or reasonable their decision may seem, it must comply with state and federal law. Employers …

[ CONTINUE READING ]