Labor and Employment Law

Recent Posts

Even Santa Needs an Employee Handbook
Posted on 12 Dec 2014 by Jon Hyman

The Christmas season is upon us, which means that the elves are hard at work deep inside the confines of the North Pole’s buildings preparing gifts to load onto Santa’s sleight for his Yuletide trip around the globe. Pop culture, such as Rudolph... Read More

Wages Aren't Confidential, You Guys. Your Employees Can Discuss Them.
Posted on 27 Mar 2014 by Eric Meyer

Over the past several years, seemingly, we're seen the NLRB take a more active interest in employee handbooks. We've certainly seen it with respect to social media policies; especially, where these policies purport to limit the rights of employees... Read More

A Lesson in How Not to Respond to a Harassment Complaint
Posted on 25 Jun 2015 by Jon Hyman

Diana Retuerto worked in the office of Berea Moving & Storage. She claimed that the company’s owner, Willard Melton, made “verbal advances” towards her, including comments about dreams he was having about her, her physical appearance... Read More

NLRB Re-Affirms That Workplace Policies Cannot Restrict Non-Work-Time Solicitations
Posted on 31 Aug 2015 by Jon Hyman

Have you recently reviewed your company’s Electronic Communications Policy, and other policies that regulate how employees use your email and other computer systems? If not, you might want to consider putting that to-do on your short list. Late... Read More

Employment Policies Are More Than Words on Paper; They Are a Lifestyle
Posted on 3 Sep 2015 by Jon Hyman

Yahoo CEO Marissa Mayer is in the news. In one breath, she announced that she is expecting twins, but will not be availing herself of her company’s generous maternity leave policy. Yahoo offers all new parents eight weeks of paid time off, and new... Read More

Macy’s, Inc.: A Cautionary Tale on Employee Handbook Provisions
Posted on 14 Jul 2015 by Steptoe & Johnson PLLC

by Mark C. Dean A few months ago, my colleague Jana Grimm wrote a blog entry outlining the latest in the NLRB’s ongoing aggressive reviews of employer rules and policies. In her post, which can be found here , Jana outlined Memorandum GC 15... Read More

Don’t Forget Anti-Harassment Training For Temporary Workers
Posted on 10 Aug 2015 by Eric Meyer

In these Summer months, it’s easy to relax a bit. For example, last weekend I spent Sunday morning sleeping off a fun Saturday night in the shade of a tree on my front lawn while my four kids played slip-and-slide in traffic on the front lawn too... Read More

New NLRB Memo on Employee Handbooks
Posted on 20 Mar 2015 by Philip Miles

The NLRB General Counsel issued a new memo: Report of the General Counsel Concerning Employer Rules . The overall theme is that employers may violate the National Labor Relations Act (NLRA) by merely maintaining a workplace rule that chills protected... Read More

Still Causing Problems: Employee Handbooks and At-Will Employment
Posted on 19 Aug 2014 by John Holmquist

For many employers, employee handbooks are used to detail what is expected of employees without binding employers to follow any particular policy. It is the "have your cake and eat it" approach which is part of a larger strategy to maintain... Read More

Barran Liebman Alert: NLRB Targets No Solicitation Policy in Retailer's Employee Handbook
Posted on 7 May 2013 by Barran Liebman LLP

by Jose Klein Among the labor law trends that Barran has chronicled in its Electronic Alerts is the National Labor Relations Board's ("NLRB") expansive interpretation of what constitutes an unlawful restraint on an employee's... Read More