Employee handbooks can be a great resource for both employees and employers. A handbook is essentially a compilation of workplace rules and is an excellent way to communicate work polices to employees. Handbooks come in all shapes and sizes, but on the whole contain certain common elements such as information about the company, general workplace… Continue Reading
Currently before the United States Court of Appeals for the D.C. Circuit is Banner Health System v. National Labor Relations Board, in which Banner Health appeals a ruling by the National Labor Relations Board (the “NLRB”) ruling that the routine practice of requiring workplace investiga-tions to be kept confidential violates Section 7 of the National… Continue Reading
As was widely reported, on January 25, 2013, the Court of Appeals for the D.C. Circuit struck down President Obama’s recess appointments to the National Labor Relations Board (NLRB). The members who were found to have been appointed under an unconstitutional exercise of executive power were Sharon Block, Terence F. Flynn and Richard E. Griffin. … Continue Reading
The New York City Displaced Building Service Worker Protection Act requires that any buyer, transferee or successor employer of most New York City commercial and residential properties offer the incumbent employees jobs after the change in ownership or employer for as many jobs as the new employer will have at the property, and to keep those employees in employ for at least 90 days unless it has cause for discharge during that “probationary” period. However, a U.S. District Court judge in the Southern District of New York recently denied a request for injunctive relief sought by the National Labor Relations Board seeking to compel a buyer to recognize the incumbent union.
The National Labor Relations Board (“NLRB”) continued its recent trend of reviewing employment provisions often contained in employee handbooks or employment agreements. On December 3, 2012, the NLRB’s Division of Advice released an Advice Memorandum dated May 16, 2012 in which it reviewed a “moonlighting” provision and a non-compete provision in an employment agreement. The… Continue Reading
We’ve been following the NLRB’s attempts to change decades-old election rules to make it easier for unions to organize. As we reported, on May 14, 2012, the United States District Court for the District of Columbia struck down the election rules because the Board lacked a quorum under the Supreme Court’s decision in New Process… Continue Reading