Employers should train managers and employees that the law may require making a religious exception to an employer’s otherwise uniformly applied, and facially neutral, dress or grooming rules, practices, or preferences.
There are lots of preliminary of postliminary activities that could be occurring in your workplaces. I am hopeful that this case will provide employers needed guidance on the compensability of these activities.
The NLRB is looking for ways to become relevant to the 93 percent of employees not covered by a collective bargaining agreement.
If you don’t want something to appear on the front page of the newspaper, or to be read in front of a judge or jury, don’t put it in writing. Don’t email it, don’t text it, don’t Facebook it, and don’t tweet it.
Don’t shred your settlement and severance agreements just yet. Modify your agreements to bolster and clarify the protected-activity carve-out.
Limiting discussion of trade secrets and other confidential, proprietary information is fine. Wages and other terms and conditions of employment, however, are off limits.
Employers must ensure managers are sensitized about the issues of responding to questions about decisions by employees to avoid the appearance of improper motive.
The importance of having your union avoidance strategy in place before a union comes knocking will be even more important if these new election rules take hold.