Employees have a broad legal right to communicate with one another about wages, benefits, and other employment terms. To effectuate this broad right, the NLRB has required employers to exclude such information from their confidentiality policies.
In another effort to amend the 2014 final rule on “quickie elections,” on July 29, 2020, the NLRB published a notice of proposed rulemaking that, if implemented, would further relieve pre-election burdens on employers and protect voter privacy.
During a pandemic, protests, and a polarized election season, employers have walked an ever-increasingly fine line between protecting employee speech in the workplace and enforcing rules on workplace conduct.
After months of permitting almost exclusively mail ballot elections due to concerns surrounding the spread of COVID-19, the National Labor Relations Board released “suggested” protocols on July 6, 2020 for holding manual elections.
The federal government recently released its unified federal regulatory agenda–the document that outlines regulatory and deregulatory actions agencies expect to take in coming months. Issues involving labor and employment featured prominently on the list.
On June 23, 2020, the NLRB issued a decision holding that employers have no duty to bargain over serious employee discipline imposed before the negotiation of a collective bargaining agreement, overturning a 2016 decision and returning to prior precedent.
In a decision released on June 10, 2020, the National Labor Relations Board reversed its prior position regarding whether the Board may exercise jurisdiction over faculty at religious institutions of higher education.
On May 30, 2020, a district court issued a much-anticipated ruling that vacates major portions of the NLRB’s Final Rule on Representation Case Procedures, but leaves several important adjustments to timelines and pre-election submissions intact.