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NLRB

Facebook and the NLRB – What’s Not to “Like”

[11/02/15]

Posted on November 2, 2015 in HR Insights for Health Care

Written by: Sevilla Rhoads

Over the years, we have “followed” the NLRB’s analysis of employer social medial policies. Employee’s “Like” of Another’s Facebook Rant Is Protected The evolution continues. On October 21, in an unpublished opinion, the Second Circuit (with district courts in Connecticut, New York and Vermont) affirmed the NLRB’s August 2014 decision in the controversial Triple... READ MORE

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Hospital’s No-Access Rule Is Lawful, but Inconsistent Enforcement Was the Problem

[10/28/15]

Posted on October 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

The National Labor Relations Board (“NLRB”) has reviewed a number of private employer rules restricting off-duty employees’ access to employer facilities. In some cases, the NLRB has held that the employer’s rule was unlawfully overbroad because it granted the employer too much discretion to determine the business reason for an employee’s access.  In other... READ MORE

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The NLRB’s War Against Independent Contractors Status Continues

[09/30/15]

Posted on September 30, 2015 in HR Insights for Health Care

Written by: Bruce M. Bagdady

The National Labor Relations Board (“NLRB”) continues its efforts to find employee status for individuals historically considered to be independent contractors. In Sisters’ Camelot, a decision issued on September 25, 2015, the Board reversed an administrative law judge’s finding that canvassers hired by a non-profit organization for fundraising purposes were independent contractors. What Were... READ MORE

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Union Authorization Cards Are Now Just a Few Clicks Away

[09/29/15]

Posted on September 29, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

The National Labor Relations Board (“NLRB”) has decided to allow a union to present electronic evidence of employee authorization in support of a request for a secret ballot election in the private sector. This move may make it even easier for a union to gather support and raises many concerns about how employees use computers... READ MORE

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Joint Employment – NLRB Broadly Redefines the Standard

[08/28/15]

Posted on August 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

In a highly anticipated decision, the NLRB has restated and redefined the standard for determining when employers will be found to be joint employers for purposes of the National Labor Relations Act (“NLRA”).  The NLRA governs labor management relations in the private sector.  This three-to-two decision applies long-established principles to find that two or... READ MORE

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Confidential Workplace Investigations – a Dilemma for Employers

[07/28/15]

Posted on July 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

Employees in the private sector have a legally protected right to engage in concerted activity for their mutual aid and protection. The NLRB has interpreted this to mean that employees have the right to discuss among themselves ongoing confidential investigations initiated by the employer in response to workplace complaints. An employer that requires or... READ MORE

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Oh the Profanity! NLRB Protects Vulgar Comments Again

[04/28/15]

Posted on April 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

The NLRB has again decided that using profanity-laced Facebook postings specifically aimed at management is legally protected.  This decision  by two members of the NLRB, despite one strong dissent, continues the pattern of granting legal protections to employees who use profanity in exercising their protected rights in support of a union or other group... READ MORE

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Employer Handbook Rules – NLRB Memo Says What’s Lawful and What’s Not

[03/19/15]

Posted on March 19, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

A Helpful Memo? Almost every employer has an employee handbook of some sort or at least a set of rules and policies that are established to let employees know what is expected of them. In the private sector, the NLRB has been focusing for several years on rules and policies that are too broad... READ MORE

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A National Turning Point? Wisconsin Becomes the 25th Right to Work State

[03/11/15]

Posted on March 11, 2015 in HR Insights for Health Care

Written by: Robin M. Sheridan

 Right to Work Becomes Law in Wisconsin Wisconsin, long known as a bastion for unions and the labor movement, has become the 25th Right to Work state after Governor Scott Walker signed Senate Bill No. 44 into law on March 9, 2015. Wisconsin’s new Right to Work law will prohibit employers from requiring employees to... READ MORE

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Company Gets in Trouble for Unlawfully Broad Confidentiality Agreement

[03/09/15]

Posted on March 9, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

A company that provides wheelchair accessible van transportation services to clients, including the Department of Veterans Affairs, got into trouble when it required employees to sign a confidentiality agreement that the NLRB found interfered with employees’ protected rights. The company was ordered to rescind the unlawful portions of the agreement and notify all employees that... READ MORE

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