Arbitration Agreements with Class Action Waivers? California Employers Can Get Them and Still Lose Them

The Ninth Circuit Court of Appeals ruled this week that a class action waiver in an Ernst & Young arbitration agreement violated the National Labor Relations Act. The action stems from the financial company’s requirement that employees sign a standard agreement giving up their right to file class actions based on employment or related claims… More Arbitration Agreements with Class Action Waivers? California Employers Can Get Them and Still Lose Them

NLRB Continues to Identify Non-Unionized Employers as a Target of Enforcement

With its latest memorandum “Mandatory Submissions to the Division of Advice,” the National Labor Relations Board continues to make expansion of its role in regulating all workplaces, unionized or not, a major priority. This latest memorandum follows last year’s “Report of the General Counsel Concerning Employer Rules,” which highlighted recent Board decisions and General Counsel… More NLRB Continues to Identify Non-Unionized Employers as a Target of Enforcement

AB 219 and AB 852: Two More Skirmishes in the Larger Battle for the Control of Construction Work

The big picture of why legislation is passed is often missed in legal analysis. I have posted a separate legal update on our web site regarding the effects of California’s AB 219 and AB 852, but the reasoning behind the bills is more interesting. Throughout the country the unionized workforce is dwindling, and many union… More AB 219 and AB 852: Two More Skirmishes in the Larger Battle for the Control of Construction Work

Employers Must Be Prepared to Respond to an Ambush Election

Stephen R. McCutcheon, Jr., Attorney at Law The National Labor Relations Board’s new rule to expedite elections and limit employer rights in representation cases – referred to by many as the “Ambush Elections Rule” – went into effect on April 14, 2015. Legal challenges to the rule continue to work their way through the courts,… More Employers Must Be Prepared to Respond to an Ambush Election

NLRB Provides Guidance on Employer Rules

Stephen R. McCutcheon, Jr., Attorney at Law The National Labor Relations Board (NLRB) and its General Counsel Richard Griffin continue to revisit prior established precedents under the National Labor Relations Act (NLRA), giving rise to evolving standards that both union and non-union employers must heed. To address the problems that the Board’s policy shifts may… More NLRB Provides Guidance on Employer Rules

Legal Challenge to NLRB’s New Quickie Election Rule Filed

Stephen R. McCutcheon, Jr., Attorney at Law On December 15, 2014, the National Labor Relations Board (“NLRB”) issued its controversial new rule expediting union representation elections. Business and trade organizations, including the U.S. Chamber of Commerce, National Association of Manufacturers, Coalition for a Democratic Workplace, National Retail Federation, and Society for Human Resource Management filed… More Legal Challenge to NLRB’s New Quickie Election Rule Filed

NLRB Adopts “Quickie” Election Rule

Stephen R. McCutcheon, Jr., Attorney at Law December 15, 2014 As was expected, the National Labor Relations Board (“NLRB”) adopted a new rule to expedite elections union representation cases.  This rule has previously been referred to as the “ambush elections” or “quickie elections” rule.  Over the dissent of two Board members, a majority has adopted… More NLRB Adopts “Quickie” Election Rule

Take Another Look at Your Employee Handbook – The NLRB Finds Employees Have the Right to Use Their Employer’s E-Mail System for Organizational Activities

By Stephen R. McCutcheon, Jr. December 12, 2014 I previously wrote about the systematic effort of the National Labor Relations Board (NLRB) and its General Counsel Richard Griffin to overturn long-standing precedent that provided certainty and balance regarding labor issues in the workplace, and that one of the targets was the President Bush-era decision in… More Take Another Look at Your Employee Handbook – The NLRB Finds Employees Have the Right to Use Their Employer’s E-Mail System for Organizational Activities

California’s New Workplace Anti-Bullying Law May Trigger Violations of the NLRA

Employers Must Consider the Context When Responding to Complaints of Hostile or Offensive Conduct Stephen R. McCutcheon, Jr., Attorney at Law With Governor Brown’s signature of Assembly Bill 2053, the State of California is intruding further into the workplace – mandating that employers with 50 or more employees teach supervisors about prevention of “abusive conduct”… More California’s New Workplace Anti-Bullying Law May Trigger Violations of the NLRA

When Must The Fair Share Fee Amount Be Disclosed To Fee Objectors?

Stephen R. McCutcheon, Jr., Attorney at Law Employees in a workplace subject to a union security clause may object to the union’s spending of funds on political matters and other issues that are not germane to collective bargaining. Such employees may resign from the union, but must pay to the union an amount equivalent to… More When Must The Fair Share Fee Amount Be Disclosed To Fee Objectors?