By Nelson Cary on Posted in Employee HandbooksEarlier this month, the NLRB’s Division of Advice (“Advice”) released a memorandum that opined on a variety of CVS Health’s (the “Company’s”) policies. It considered whether those policies were “unlawfully overbroad” as they related to employees’ Section 7 rights under the NLRA. It found that some were, but most were not. The advice memorandum is… Continue Reading
By Nelson Cary and Ashley Manfull on Posted in Employee Handbooks,NLRBLast December, the NLRB recently established a new standard for determining the lawfulness of facially neutral employee handbook policies that “may” restrict the exercise of an employee’s NLRA rights. As more fully discussed in our prior post, in Boeing Company the NLRB rejected its previous standard for reviewing employer rules and replaced it with a… Continue Reading
By Nelson Cary and Emily Papania on Posted in Employee HandbooksRecently, the NLRB held in a 2-1 decision that a California hospital’s policies barring employees from wearing unapproved pins or badge reels violated the NLRA. Interestingly, the NLRB did not cite its new Boeing test in either the majority or dissenting opinions. At issue were two hospital policies impacting the wearing of union insignia. The… Continue Reading
By Nelson Cary on Posted in Department of Labor,NLRB,Union OrganizingWhat a last couple of weeks on the labor law front. Here is a quick round up of significant developments, just to make sure you are caught up: Puzder Out, Acosta Up Next President Trump’s first DOL secretary nominee, Andrew Puzder, withdrew himself from contention earlier this week. Press reports suggest that there was insufficient support… Continue Reading
By Nelson Cary on Posted in Legislation,NLRBFresh off his controversial decision to challenge Boeing for deciding to locate a new manufacturing facility in South Carolina instead of utilizing its existing unionized workforce in Washington, the NLRB’s Acting General Counsel Lafe Solomon has announced a federal lawsuit against Arizona. At issue is an amendment to the state’s constitution that Arizona voters approved only… Continue Reading
