September 22, 2016 – Why is the NLRB Knocking on My Door? I Don’t Even Have a Union. SCCBA Seminar.
As quite a few Employers have discovered of late, you cannot afford to ignore NLRB law – even if your business is not now – and likely will never be – unionized. The National Labor Relations Board has been moving into the non-union workplace to protect employees from infringement on their “concerted activity” rights and other worker rights that many practitioners believed only applied in the unionized workplace. Today, that’s a dangerous assumption – especially after Browning-Ferris, D.R. Horton, Guardsmark and Cintas, and Banner Health.
This seminar will cover the fundamentals of NLRB law that every employment lawyer needs to know, including (but not limited to!) the NLRB’s position on employer social media policies that restrain or inhibit employees’ exercise of their Section 7 rights under the NLRA; indirect control / joint employer standards; non-solicitation rules and policies that violate the NLRA; when (or if) non-union employees have Weingarten rights; email use, non-fraternization and confidentiality policies that may trigger Board scrutiny; how confidentiality of workplace investigations may run afoul of Section 7; and recent challenges to “at will” employment policies.