LexisNexis® Legal Newsroom
Barran Liebman Alert: NLRB Targets No Solicitation Policy in Retailer's Employee Handbook

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 exercise of his or her rights under the National ...

Wages Aren't Confidential, You Guys. Your Employees Can Discuss Them.

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 to discuss their employment with one another...

Still Causing Problems: Employee Handbooks and At-Will Employment

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 at will employment. Problems arise however when employers...

Even Santa Needs an Employee Handbook

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 the Red-Nosed Reindeer and Elf , portrays Santa’s...

New NLRB Memo on Employee Handbooks

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 activity. Frankly, the memo is a tad on the hypersensitive...

A Lesson in How Not to Respond to a Harassment Complaint

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, and questions about her makeup and hair. Over...

Macy’s, Inc.: A Cautionary Tale on Employee Handbook Provisions

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 15-04, a memorandum from the NLRB’s general counsel...

Don’t Forget Anti-Harassment Training For Temporary Workers

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. Although, I did catch my youngest two cooling off...

NLRB Re-Affirms That Workplace Policies Cannot Restrict Non-Work-Time Solicitations

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 last year, in Purple Communications , the NLRB...

Employment Policies Are More Than Words on Paper; They Are a Lifestyle

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 moms an additional eight weeks. Mayer says that...