T-Mobile USA, Inc. v. National Labor Relations Board[1] or the Case of “Woulda, Coulda, Shoulda.” Employers are caught between a rock and a hard place. Courts demand rules for employee conduct, but, when employers oblige and spell out what seem to most to be common sense “I-learned-that-in-kindergarten” rules, they may run into trouble under Section 7 of the National Labor Relations Act (“NLRA” or the “Act”). Aside from general confusion, this can be a bitter…
A Return to Common Sense: Fifth Circuit Guidance on Handbooks
What Trump’s Win Means For Employers
After pulling off a victory more surprising than Truman’s, Donald Trump will have the opportunity over the next four years to–among other things–change the landscape of employment law in the United States. With Republicans now controlling the House, Senate, and White House, there will undoubtedly be significant changes that will last well beyond Trump’s term. And regardless of your political, philosophical, or moral takes on the issue, Trump’s victory will largely be viewed as favorable by…
The Potential Impact of the NLRB’s Position that McDonald’s Franchisees are Joint Employers
The National Labor Relations Board created a stir last week when it announced that it intends to hold McDonald’s USA responsible for its franchisees’ violations of employment law. The announcement has created concern and consternation among businesses that operate as franchises, as well as those that use or provide or utilize temporary employees or independent contractors. The NLRB’s announcement is drawing significant attention because it could have wide-ranging implications, but it is important to keep…
Employees Have the Right to Engage in Negativity According to NLRB Ruling
On April 1, 2014, the National Labor Relations Board (NLRB) issued an order that an employer’s rules prohibiting employees from making negative comments about fellow employees and requiring employees to positively present the employer violated the National Labor Relations Act (NLRA). Hills and Dales General Hospital in Cass City, Michigan had adopted a “Values and Standards of Behavior” policy, which included three seemingly innocuous rules the NLRB held were illegal: Teamwork . . . ….