Treating Employees as Contractors May Violate NLRA

A new Advice Memorandum from the National Labor Relations Board (NLRB) tells us that misclassifying employees as independent contractors may be treated as an unfair labor practice under the National Labor Relations Act. Although this ...

New Persuader Rule Hampers Employers

On March 24th, the U.S. Department of Labor published its controversial amendment to the so-called “persuader” rule.   The DOL’s final version of revisions to the rule will be effective starting July 1, 2016, and purports ...

Employee’s Racist Post Means His Job is Toast

A Mankato man accused of sending racist messages to a Black Lives Matter Facebook page recently lost his job after his employer investigated the employee’s comments. As reported in the Minneapolis Star Tribune, employee Brad ...

Labor Board Clicks “Pause” on No-Recording Policy

Like many companies, Whole Foods Markets had a policy banning employees from taking photos, videos, or other recordings in the workplace. However, the National Labor Relations Board (the “NLRB”) clicked the “pause” button, striking down ...

NLRB Says its OK to Lie…Sometimes

I Never Promised You a Weingarten If you are a unionized employer, you almost certainly know that your employees have something called “Weingarten” rights, meaning that unionized employees may request (and must then receive) union ...