NLRB Weighs in on Stay-or-Pay Agreements

Skip SperryBlog Leave a Comment

In a recent move following the McLaren Macomb case, the National Labor Relations Board (“NLRB”) general counsel (“GC”) issued guidance on October 7, 2024, indicating that “stay-or-pay” clauses may violate labor laws.

Key Points

  • The GC’s memo warns employers that employment terms requiring employees to stay for a set time or repay certain expenses could be illegal.
  • The GC plans to seek broader remedies for overly broad noncompete and stay-or-pay agreements.

 » Read more about: NLRB Weighs in on Stay-or-Pay Agreements  »

NLRB’s Landmark Decision Reshapes Employer Work Rules: Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113, 2023)

Skip SperryBlog Leave a Comment

In a pivotal move that again reshapes the landscape of employer-employee relations, the National Labor Relations Board (NLRB) recently issued a significant decision in the case of Stericycle, Inc. and Teamsters Local 628. This ruling (372 NLRB No. 113, 2023) ushers in a new era for evaluating employer work rules and policies, marking a departure from previous standards and a notable shift toward prioritizing employee rights.  In Stericycle, the Board reviewed the decision of an administrative law judge who found that the Respondent violated Section 8(a)(1) by maintaining certain rules for its employees that  addressed personal conduct,

 » Read more about: NLRB’s Landmark Decision Reshapes Employer Work Rules: Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113, 2023)  »

NLRB Attacks Dish Network’s Solicitation and Distribution Policy

Skip SperryBlog 4 Comments

On March 3, 2016, in Dish Network, LLC, 363 NLRB No. 141, the National Labor Relations Board (“NLRB”) struck down Dish Network’s policy prohibiting certain solicitation and distribution of literature in the workplace.  The policy in question read:

In the interest of maintaining a  proper business environment and preventing interference with work and inconvenience to others, employees … may not distribute literature … of a personal nature by any means,

 » Read more about: NLRB Attacks Dish Network’s Solicitation and Distribution Policy  »

Revise Your Handbook Before the NLRB Does it for You

Skip SperryBlog Leave a Comment

I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies. I found the Memorandum even more disturbing after my second review. The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies. Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

  1. Rules regarding confidentiality;

 » Read more about: Revise Your Handbook Before the NLRB Does it for You  »

Review and Revise Your Handbook Before the NLRB Does it for You

Skip SperryBlog Leave a Comment

I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies. I found the Memorandum even more disturbing after my second review. The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies. Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

  1. Rules regarding confidentiality;

 » Read more about: Review and Revise Your Handbook Before the NLRB Does it for You  »

Review and Revise Your Handbook Before the NLRB Does it for You

Skip SperryBlog Leave a Comment

I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies. I found the Memorandum even more disturbing after my second review. The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies. Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

  1. Rules regarding confidentiality;

 » Read more about: Review and Revise Your Handbook Before the NLRB Does it for You  »

Review and Revise Your Handbook Before the NLRB Does it for You

Skip SperryBlog Leave a Comment

I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies.  I found the Memorandum even more disturbing after my second review.  The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies.  Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

  1. Rules regarding confidentiality;

 » Read more about: Review and Revise Your Handbook Before the NLRB Does it for You  »

New FMLA Poster Required by March 8, 2013

Skip SperryBlog Leave a Comment

In conjunction with the new FMLA regulations released earlier this month, the Department of Labor is requiring employers to use an updated FMLA poster to inform employees of their rights under the Act.  The new poster informs military service members, airline personnel, and families of their rights to leave.

The new poster is available on the DoL website and can be downloaded at no charge.  As mentioned in another post,

 » Read more about: New FMLA Poster Required by March 8, 2013  »

BLS Releases Statistics Amid Push to Increase the Minimum Wage

Skip SperryBlog Leave a Comment

As the current administration continues its efforts to increase the federal minimum wage rate, the Bureau of Labor Statistics released its 2012 minimum wage statistics, which are excerpted below:

In 2012, 75.3 million workers in the United States age 16 and over were paid at hourly rates, representing 59.0 percent of all wage and salary workers. 1 Among those paid by the hour, 1.6 million earned exactly the prevailing federal minimum wage of $7.25 per hour.

 » Read more about: BLS Releases Statistics Amid Push to Increase the Minimum Wage  »

Court Finds that Random Alcohol Tests Don’t Always Violate the ADA

Skip SperryBlog Leave a Comment

Last week the United States District Court for the Western District of Pennsylvania made a surprising ruling:  a company can show that random alcohol test are “job related and consistent with business necessity.”  In the first case of its kind, the federal judge rejected the EEOC’s Enforcement Guidelines.  Before this ruling, the traditional wisdom, garnered from the guidelines was:

  • You can test a person for alcohol only if you have reasonable cause or suspicion,

 » Read more about: Court Finds that Random Alcohol Tests Don’t Always Violate the ADA  »