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

Skip Sperry September 5, 2015Blog 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:

Rules regarding confidentiality;

Idaho Supreme Court Upholds Denial of Unemployment for Facebook Posts

Skip Sperry June 27, 2014Blog Leave a Comment

Talbot v. Desert View Care Center (June 20, 2014)

Joseph Talbot worked at Desert View Care Center as a nurse and was discharged due to a Facebook post that Desert View found violated its Social and Electronic Media Conduct Policy. Talbot applied for unemployment benefits, and the Idaho Industrial Commission concluded that Talbot engaged in employment-related misconduct, denying him benefits. Talbot appealed to the Idaho Supreme Court, arguing that Desert View never communicated its Social Media Policy to him.

U.S. Supreme Court Upholds D.C. Appeals Court Ruling in Noel Canning

Skip Sperry June 26, 2014Blog Leave a Comment

This morning, the United States Supreme Court issued its long anticipated decision in Noel Canning. It upheld the D.C. Court of Appeals decision that President Obama’s three recess appointments to the National Labor Relations Board (Richard Griffin, Sharon Block, and Terence Flynn) were invalid appointments. As discussed in an earlier article, this could potentially invalidate hundreds of NLRB decisions issued during the time the Board did not have a sufficient number of legitimate members to create a valid quorum.

NLRB Says College Football Players May Unionize

Skip Sperry March 28, 2014Blog Leave a Comment

In a surprising decision on March 26, the NLRB Director for Region 13 covering Illinois and Indiana issued a decision and direction of election holding Northwestern University’s college football athletes are university “employees” as defined by the National Labor Relations Act (“NLRA”) and could vote whether to be represented by a union.

The decision focused on the grant-in-aid scholarships the athletes received to fund their education. If upheld, other grant-in-aid scholarship athletes across the country may be entitled to unionize.

Wyoming Senator Introduces NLRB Freeze Act of 2013

Skip Sperry February 5, 2013Blog Leave a Comment

On January 28, 2013, I posted an article regarding the D.C. Circuit Court’s ruling that held three of President Obama’s NLRB appointments unconstitutional, bringing into question all cases decided by the Board in 2012. Two days later, Senator Barrasso (R-Wy) introduced the “NLRB Freeze Act of 2013.”

Under the proposed legislation, hundreds of NLRB decisions that were decided by the unconstitutional panel from January 2012 to the present would be frozen or invalidated.

Read Senator Barrasso’s

DoL Releases 2012 FMLA Survey Results on the Act’s 20th Anniversary

Skip Sperry February 4, 2013Blog Leave a Comment

The following is excerpted from the survey results. The full reports can be found here, here, and here.

In 2012, Abt Associates surveyed 1,812 worksites and 2,852 employees about experiences with family and medical leave. The worksite survey includes both sites that are covered by the Family and Medical Leave Act (FMLA) and those that are not covered. The employee survey includes employees that took leave,

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