Act Now to Avoid Persuader Rule Obligations

The Department of Labor (DOL) recently passed revised “Persauder Rule” obligations that took employers by storm. In a nutshell, under the new rules employers are required to publicly disclose their relationships with — including payments to — any lawyer or consultant that helps “persuade” against union activity. It’s a huge deal, and there are already… More

Is A Company Responsible for its Employee’s Social Media Posts?

Question- Can your customer sue you if your employee disparages him? Short Answer- Yes! Just ask Hertz Rent-A-Car, as it was recently sued by a customer alleging negligent supervision, training, and retention. The customer alleged that Hertz breached its duty by allowing employees to use a Hertz computer to post disparaging comments on Facebook that… More

You Cannot Fire for Talking Wages

It seems like common sense — if you don’t want your employees distracted by money talk, just ban them from discussing how much they make with their co-workers.  Right?  Well, as per usual, common sense is not consistent with the National Labor Relations Act (NLRA). In order to be legally protected, an employee’s communication must… More

Amazon’s Hush Policy Is No Good Under the NLRA

Amazon recently reached a settlement with the National Labor Relations Board (“NLRB”) in which it agreed to rescind certain work rules that prohibited workers from sharing compensation information. Amazon’s former policy prohibited employees from discussing wages and other terms and conditions of employment –a violation of the National Labor Relations Act. Interestingly, although Amazon has… More

Did Someone Order Bologna? NLRB Takes a Bite out of Sandwich Chain’s Disciplinary Decisions

Employers need to be able to protect their brand and their customer base—so when Jimmy John’s sandwich shop wokers posted signs in some stores insinuating that the company’s sandwiches were germ-ridden, Jimmy John’s swiftly fired fired six of the masterminds behind the flyers. If you denigrate the company, you have no right to remain on… More

FRANCHISORS BEWARE: You May Be Liable for the Labor Misdeeds of your Franchisees

Yesterday, to the shock of McDonalds and all other franchising companies, the National Labor Relations Board (NLRB) dramatically revised its definition of a “joint employer” and determined that franchisors can be responsible for ensuring that the companies to whom they sell a franchise comply with all labor laws.  At issue were 43 different unfair labor… More

Facebook Shaming is Almost Never a Good Idea

An Indiana company recently found itself on the losing end of a courtroom battle over a Facebook post.  The dispute started when an employee decided to praise one co-worker and shame his colleague in connection with injury, recovery, and return to work.   Specifically, the co-worker posted: Isn’t [it] amazing how Jimmy experienced a 5 way… More

Top Seven Laws Every Employer Should Know*

1.  Title VII of the Civil Rights Act of 1964 (Title VII)- In brief, Title VII bars certain employers from discriminating against employees, former employees, or applicants for employment based on race, color, national origin, religion or sex (including gender and pregnancy). Title VII also prohibits harassment and retaliation based on the same protected characteristics…. More

The NLRB Slaps Down Negativity Ban

Ever wish you could tell employees to stop being so negative all the time?  A Michigan employer learned the hard way that this type of ban can get you in hot water with the National Labor Relations Board (NLRB or the Board).  The Board found unlawful a policy that employees could not “make negative comments… More