Posts by Tony Puckett

National Labor Relations Board Boeing memo

NLRB memo offers clarity, good news for employer‑issued policies

For employers, the National Labor Relations Board’s rules for interpreting employer policies have been among the most difficult to navigate the last 15 years. The Board utilized a “reasonably construe” test that resulted in the Board ruling that many policies employers considered basic and non-controversial were unlawful unfair labor practices violating employees’ collective rights under the National Labor Relations Act (NLRA). However, last December, the Board announced a new test for determining whether employer policies are unlawful for interfering with employees’ rights to join together to engage in concerted activities for mutual aid or protection.

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New meaning to the Equal Pay Act’s promise of pay equity

“Pay equity” is quickly becoming a term every employer must understand. Never in its 25-year history have the principles of the Equal Pay Act (EPA) received so much attention. Courts have been examining the meaning of pay equity under the EPA, and legislatures are expanding the reach of pay equity and limiting employer inquiries into…

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Digital discrimination: Targeted ads don’t reach all potential applicants

Since the Age Discrimination in Employment Act (ADEA) was first enacted in 1967, “help wanted” ads have evolved significantly – from classified ads in the local newspaper to listings on company websites and online job sites like ZipRecruiter.com and Indeed.com. With the more recent advent of advertising on social media platforms, the recruiting landscape has…

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NLRB’s new ‘joint employer’ standard threatens business interests

The National Labor Relations Board (NLRB) demonstrated intent to change the traditional employer-employee relationship to broaden unionization in the United States in a series of cases over the last year. In three cases, the NLRB has jettisoned long-standing case law recognizing that separate employers have separate workforces even when the employers work together at a…

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Facebook ‘like’ considered protected activity

Employers know that when it comes to employees discussing employment issues on social media, it is best for employers to tread carefully. A recent federal court of appeals decision confirmed that even a simple Facebook “like” can be protected employee activity under the National Labor Relations Act. Employees terminated for liking Facebook post In the…

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New union election rules yield much quicker elections

Union election petitions and quicker elections have been the immediate effect of the National Labor Relations Board’s new election rules which took effect on April 14, 2015. The new rules were intended to speed up the election process through quicker deadlines and delaying some hearings on some issues until after the election. Unions taking full…

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President vetoes resolution to block new NLRB election rules

The National Labor Relations Board’s new election rules, which include changes allowing for so-called “ambush elections,” will not be blocked by Congressional resolution after all. On March 31, President Obama vetoed a joint resolution of the U.S. Senate and House of Representatives that sought to block implementation of the NLRB’s election rules. As a result,…

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