Unfair labor practices discussed in Employee Rights Reporter, the blog published by the labor and employment attorneys of Sass Law Firm.
On May 30, 2023, Jennifer Abruzzo, the General Counsel for the National Labor Relations Board, issued memorandum GC 23-08 in which she recognized that overbroad non-compete agreements interfere with employees’ exercise of rights to engage in concerted activity under Section 7 of the National Labor Relations Act (the Act or NLRA). It is the General …
In our last blog, we celebrated the decision in McLaren Macomb as a win for employees. In that decision, the National Labor Relations Board (NLRB) held overbroad confidentiality and non-disparagement clauses in severance agreements violated the National Labor Relations Act (“NLRA”). Check out our prior blog – Labor Board Rules Confidentiality and Non-Disparagement Provisions in …
New NLRB Guidance Regarding Severance Agreements Read More »
If your employer presented you with a severance agreement or you previously signed a severance agreement that requires confidentiality and/or non-disparagement provisions, keep reading as these provisions by may be illegal and unenforceable. Often, when employers terminate employees—as part as a reduction in force or a position elimination—the employer may present the affected employees with …
On December 15, 2022, the National Labor Relations Board held that employers who interrogate employees when defending an unfair labor practice complaint must first provide what are known as Johnnie’s Poultry warnings. This Miranda type warning must be given prior to any questioning and must: “communicate to the employee the purpose of the questioning, assure …
NLRB Uphold Employees’ Rights Prior to Interrogation By the Employer Read More »
The National Labor Relations Act protects workers’ rights to unionize as well as protects non-supervisory employees from retaliation if the worker engages in what is often referred to as “protected concerted activities” for the mutual aid and benefit of the workforce. Some examples of protected concerted activities include but are not limited to employees discussing …
Recent Development – NLRB Expands Recoverable Damages for Unfair Labor Practices Read More »
Did you know that the phrase “right to work” does not mean the same thing as “at-will” employment? Many people confuse these two concepts, and understandably so, but in reality, the phrases represent two very different things, and both can affect your employment. The information below will help you learn the difference so that you …
Knowing the Difference Between Having the “Right to Work” and Being Employed “At-Will” Read More »
In December, we published a blog post about the EEOC’s guidance when employers require employees to get the COVID-19 vaccine, that article can be found here. On May 28, 2021, the EEOC updated that, answering lingering questions and making it clear that, with certain caveats highlighted below, employers can require employees to get the COVID-19 …
Ten Takeaways from EEOC New Guidance on Employers Requiring COVID-19 Vaccines Read More »
Often times employers want employees to keep their compensation information private and not discuss it with their co-workers. It seems logical, but is it legal? Generally, NO. It is illegal for employers to prohibit or prevent non-management employees from openly discussing their wages, among other topics, with other employees. What The Law Says: The federal …
If you work for the government, do you have a First Amendment right to speak out without fear of retribution? You may. Just yesterday, the United States Supreme Court in Lane v. Franks, et al., 134 S.Ct. 2369, 2014 WL 2765285 U.S. (2014), further clarified a government employee’s First Amendment rights. Essentially, if you, as a government …
Government Employees: Clarifying Your Right to Free Speech Read More »
