Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law
0 0

05 Jun 2017 Are You Recording This Conversation?

  Most of us expect to engage our colleagues without concern that our workplace conversations are secretly recorded. However, today everyone has a smartphone that readily allows for spontaneous photographic, video, and audio recording.   Until recent times, attorneys generally advised clients that it was appropriate to insist that workplace conversation not be recorded. Employers took the position that a team culture did not support recording conversations; colleagues need to be able to speak freely with each other at work.   That argument just lost-out…

READ MORE
0 0

17 Nov 2016 The World According to Trump: Could the Obama NLRB’s Pro-Union Rulings be Undone?

  There is no shortage of buzz going around about what impact President-elect Donald Trump might have at the National Labor Relations Board. Does Trump’s election mean the Board’s controversial decisions (e.g. Browning-Ferris, D.R. Horton) of the past eight years will be undone? As my colleague Jerry Lutkus blogged earlier this week, it is likely that Trump quickly will move to change the composition of the Board to a Republican—and thus more pro-employer—majority. However, a change in the composition of the Board does not equal…

READ MORE
0 0

15 Nov 2016 The World According to Trump: Trump’s Impact on Traditional Labor

  The NLRB has been a quintessential symbol of organized labor in the United States. Under President Obama, the NLRB’s resurgent influence under President Obama breathed new life into unions, and extended its reach of employee-friendly policies into non-union businesses. What can we expect under President Donald Trump?   It is worth noting that the election statistics show President-elect Trump’s success stemmed, in part, from uncharacteristic support of union households, who were apparently determined to regain protections for the working class. Now that Trump emerged…

READ MORE
0 0

15 Aug 2016 Fifth Circuit Triples Down on the Legality of Class Action Waivers in Arbitration Agreements

  On August 10, the Fifth Circuit Court of Appeals – for the third time – rejected the National Labor Relations Board’s (NLRB) position that class action waivers in arbitration agreements are invalid under the National Labor Relations Act. In a short opinion, the Circuit said it was bound by its two previous published opinions directly addressing this issue and ruling that such waivers are valid pursuant to the Federal Arbitration Act.    The ruling last Wednesday was the first time the Fifth Circuit has…

READ MORE
0 0

05 Jul 2016 NLRB Hits Ceiling in Continual Push to Expand Scope of Protected Concerted Activity

  Whether the National Labor Relations Board (NLRB) is issuing rulings invalidating employee handbook policies that encourage civil behavior among employees or attempting to get discharged employees reinstated after profanity-laced Facebook rants against their supervisors, the board seems determined to push the limits of what can be considered “protected concerted activity” under the National Labor Relations Act (NLRA). Regardless of whether an employer is a union shop or not, under the NLRA employers may not take adverse action if the employee’s conduct qualifies as protected…

READ MORE
0 0

23 Jun 2016 EEOC Critical of NLRB’s Investigation Confidentiality Concerns

An Equal Employment Opportunity Commission (EEOC) task force has released a comprehensive report on its 18-month study on the issue of harassment in the workplace. The Select Task Force on the Study of Harassment in the Workplace consisted of a select group of outside experts impaneled to examine harassment in the workplace and was co-chaired by two current EEOC Commissioners, Chai Feldblum and Victoria Lipnic. They recently published the “Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace.”…

READ MORE
0 0

03 Jun 2016 The Seventh Circuit Rejects Class & Collective Action Waivers In Arbitration Agreements

During the last few years, employers have taken comfort in a slew of court decisions that have held – in some form or another – that an arbitration agreement can waive the right to bring a class or collective action. For example, in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), the U.S. Supreme Court found that the Federal Arbitration Act (FAA) preempted state law – and specifically California law – which had expressly prohibited class action waivers. The Supreme Court recently cemented that ruling…

READ MORE
0 0

27 Oct 2015 NLRB Once Again Puts Employers on Notice Regarding Handbook Policies

As I’ve noted several times on this blog, the National Labor Relations Board (NLRB) is not messing around when it comes to handbook policies.  In the last few years, the NLRB has been aggressively looking for and cracking down on policies it believes are chilling the rights of employees to take protected, concerted action under the National Labor Relations Act relating to terms and conditions of employment. For handbook purposes, it makes no difference whether the company is a union or non-union shop. While many…

READ MORE
0 0

31 Aug 2015 Are Your Employees Religious Enough For The NLRB?

The NLRB is at the center of the most recent battle over religious freedom. At issue is the religious character of faculty at religious colleges and universities. Since the U.S. Supreme Court’s ruling in NLRB v. Catholic Bishop of Chicago, the board has been barred from regulating employees in religious educational institutions. However, in recent years, the board has tried to narrow the reach of the Catholic Bishop of Chicago case by arguing that it only applied to institutions of a “substantial religious character.” When…

READ MORE
0 0

31 Jul 2015 Challenge to NLRB “Ambush Election Rules” Fails

Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia has granted summary judgment in favor of the National Labor Relations Board (NLRB) in a highly-publicized action brought by the Chamber of Commerce and a District of Columbia construction company challenging the unprecedented representation case procedures adopted by a split NLRB in 2014. Chamber of Commerce of the United States of America, et. al. v. National Labor Relations Board, Civil Action No. 15-0009 (July 29, 2015). Commonly known in media reports…

READ MORE