Earlier today the Supreme Court announced its decision in Epic Systems Corp. v. Lewis, holding in a 5-4 split that arbitration agreements providing for individualized proceedings must be enforced. Arbitration provisions in employment contracts are quite common and often include language specifically limiting employees to individualized arbitration proceedings as opposed to class action proceedings or joint-arbitration.
NLRB axes Lutheran Heritage Standard
In a 3-2 decision, the NLRB overruled its prior decision regarding how it analyzes whether a facially neutral workplace rule, policy or employee handbook provision interferes with the exercise of rights protected by the National Labor Relations Act (“NLRA”).
In a reversal of precedent, a divided National Labor Relations Board (“NLRB”) held yesterday that employees have a right to use their employers’ email systems for non-business purposes, including statutorily protected communications regarding the terms and conditions of their employment and regarding union organizing efforts. See Purple Communications, Inc., 361 NLRB No. 126 (December 11, 2014). The NLRB’s ruling stemmed from a case brought by the Communications Workers of America union after it unsuccessfully attempted to organize employees of Purple Communications, Inc., a company that provides interpreting services for the deaf and hearing-impaired. The union argued that prohibiting the company’s workers from using the company’s email system for non-business purposes and on behalf of organizations not associated with the company interfered with the CWA’s organizing efforts.
On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit struck down a National Labor Relations Board (“NLRB”) rule requiring both union and non-union employers to display posters informing employees of their right to form a union and engage in other concerted activity.
Demonstrating the NLRB’s increased focus on limiting employer confidentiality rules, a three member panel of the NLRB recently ruled in DirecTV U.S. DirecTV Holdings LLC, 359 NLRB No. 4 (January 25, 2013) that four work rules maintained by DirecTV were unlawful restrictions on employees’ Section 7 rights and that the employer did not repudiate the rules.
The NLRB announced today that the Texas Dental Association has distributed $900,000 in back pay awards to two former employees who were fired in relation to a petition complaining of poor management and unfair treatment.
Topics/Tags
Select- Labor & Employment Law
- Coronavirus
- Employment Law
- Arbitration
- Religion Discrimination
- Labor Law
- Employee Benefits and Executive Compensation
- Discrimination
- Disability Discrimination
- Race Discrimination
- IRS
- OSHA
- Department of Labor
- NLRB
- Employer Policies
- Litigation
- Sexual Orientation Discrimination
- Americans with Disabilities Act
- Retirement
- Social Media
- Accommodation
- ERISA
- National Labor Relations Act
- National Labor Relations Board
- Employer Handbook
- Employment Litigation
- Reasonable Accommodation
- ACA
- Affordable Car Act
- Wage & Hour
- EEOC
- NLRA
- ADAAA
- Title VII
- Federal Arbitration Act
- Unions
- Employer Rules
- Sexual Harassment
- 401(k)
- Technology
- Privacy
- Transgender Issues
- Workplace Accommodations
- FMLA
- Employment Settlement Agreements
- Disability
- Workplace Violence
- Paycheck Protection Program
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Securities Law
- Preventive Care Benefits
- Health Savings Account
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- Benefits
- E-Discovery
- Evidence
- Overtime Pay
- Family and Medical Leave Act
- Representative Election Regulations
- Environmental Law
- Privacy Laws
- Department of Justice
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Electronically Stored Information
- Telecommuting
- Affirmative Action
- Equal Opportunity Clause
- Compensable Time
- Pregnancy Discrimination
- Security Screening
- Supreme Court
- Occupational Safety and Health Administration
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Unemployment Insurance Integrity Act
- Attendance Policy
- Return to Work
- Seniority Rights
- American Medical Association
- Classification
- Fair Minimum Wage
- Federal Minimum Wage
- Misclassification
- State Minimum Wage
- Wage Increase
- Confidentiality
- Disability Leave
- Equal Pay
- Genetic Information Discrimination
- Media Policy
- National Origin Discrimination
- Retaliation
- Social Media Content
- Taxation
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
Recent Posts
- The Practical Employment Law Podcast: Labor & Employment Update Week of 5/30/22
- The Practical Employment Law Podcast: The Future of Arbitration
- The Practical Employment Law Podcast: The Gig Economy
- The Practical Employment Law Podcast: Labor & Employment Law Update Week of 3/7/2022
- The Practical Employment Law Podcast: Labor & Employment Law Update Week of 2/7/2022
- Supreme Court Re-Implements Stay of Vaccine Mandate for Employers, Upholds CMS Mandate
- The Practical Employment Law Podcast: Twelve Thoughts About Vaccine Mandates
- Update on Status of Federal Contractor Mandate and OSHA’s ETS
- The Practical Employment Law Podcast: Employment Law Advice from Ebenezer Scrooge
- Update on Status of All Federal Vaccine Mandates