U.S. Supreme Court Upholds Class Action Waivers in Arbitration Agreements

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Yesterday, May 21, 2018, the United States Supreme Court finally resolved a split among the federal circuit courts regarding whether the National Labor Relations Act (“NLRA”) prohibits businesses from requiring employees to sign arbitration agreements that waive their right to engage in a class action against their employer.  Epic Systems Corp. v. Lewis (No. 16–285).

At issue were two federal laws that appear to conflict with one another.

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President Obama’s U.S. Supreme Court Nominee Shows Consistent Deference to Employment Agencies

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Today, President Obama nominated Merrick B. Garland as his choice to fill the U.S. Supreme Court vacancy left by the recent death of Justice Antonin Scalia. Chief Judge Garland was appointed to the U.S. Court of Appeals for the District of Columbia by President Clinton in 1997 and became Chief Judge on February 12, 2013. He received wide, bipartisan support for his nomination to the U.S. Court of Appeals. Seven of the Republican Senators who voted for his 1997 nomination still serve in the U.S.

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NLRB Attacks Dish Network’s Solicitation and Distribution Policy

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On March 3, 2016, in Dish Network, LLC, 363 NLRB No. 141, the National Labor Relations Board (“NLRB”) struck down Dish Network’s policy prohibiting certain solicitation and distribution of literature in the workplace.  The policy in question read:

In the interest of maintaining a  proper business environment and preventing interference with work and inconvenience to others, employees … may not distribute literature … of a personal nature by any means,

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Revise Your Handbook Before the NLRB Does it for You

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I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies. I found the Memorandum even more disturbing after my second review. The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies. Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

  1. Rules regarding confidentiality;

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Review and Revise Your Handbook Before the NLRB Does it for You

Skip Sperry Blog Leave a Comment

I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies. I found the Memorandum even more disturbing after my second review. The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies. Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

  1. Rules regarding confidentiality;

 » Read more about: Review and Revise Your Handbook Before the NLRB Does it for You  »

Review and Revise Your Handbook Before the NLRB Does it for You

Skip Sperry Blog Leave a Comment

I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies. I found the Memorandum even more disturbing after my second review. The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies. Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

  1. Rules regarding confidentiality;

 » Read more about: Review and Revise Your Handbook Before the NLRB Does it for You  »

Review and Revise Your Handbook Before the NLRB Does it for You

Skip Sperry Blog Leave a Comment

I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies.  I found the Memorandum even more disturbing after my second review.  The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies.  Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

  1. Rules regarding confidentiality;

 » Read more about: Review and Revise Your Handbook Before the NLRB Does it for You  »

Idaho Supreme Court Upholds Denial of Unemployment for Facebook Posts

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Talbot v. Desert View Care Center (June 20, 2014)

Joseph Talbot worked at Desert View Care Center as a nurse and was discharged due to a Facebook post that Desert View found violated its Social and Electronic Media Conduct Policy. Talbot applied for unemployment benefits, and the Idaho Industrial Commission concluded that Talbot engaged in employment-related misconduct, denying him benefits. Talbot appealed to the Idaho Supreme Court, arguing that Desert View never communicated its Social Media Policy to him.

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U.S. Supreme Court Upholds D.C. Appeals Court Ruling in Noel Canning

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This morning, the United States Supreme Court issued its long anticipated decision in Noel Canning. It upheld the D.C. Court of Appeals decision that President Obama’s three recess appointments to the National Labor Relations Board (Richard Griffin, Sharon Block, and Terence Flynn) were invalid appointments. As discussed in an earlier article, this could potentially invalidate hundreds of NLRB decisions issued during the time the Board did not have a sufficient number of legitimate members to create a valid quorum.

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NLRB Says College Football Players May Unionize

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In a surprising decision on March 26, the NLRB Director for Region 13 covering Illinois and Indiana issued a decision and direction of election holding Northwestern University’s college football athletes are university “employees” as defined by the National Labor Relations Act (“NLRA”) and could vote whether to be represented by a union.

The decision focused on the grant-in-aid scholarships the athletes received to fund their education.  If upheld, other grant-in-aid scholarship athletes across the country may be entitled to unionize.

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