D.C. Imposes Sweeping Ban on Non-Compete Agreements

The District of Columbia City Council has enacted legislation banning the use of non-compete provisions in almost all employment agreements and workplace policies. Effective February 11, 2021, the Act does not contain any retroactivity provisions for non-compete agreements in existence before its effective date, but it does require employers to modify existing employment policies (as…

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Tennessee Gives Employers Safe Harbor

The state of Tennessee has expanded its Healthy Workplace Act to allow private employers to shield themselves allegations of workplace bullying. Public employers have enjoyed immunity since 2014, but now with the Governor signing the expansion April 23 to be effective immediately, private employers can receive legal immunity as well. All the employer needs to…

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NLRB Guidance on Employee Handbooks

Just a week or so ago, National Labor Relations Board (NLRB) General Counsel Peter Robb sent a new guidance memo out to regional directors across the country advising how the new employee handbook standard should be applied. The memo summarizes each of three categories of rules in which the provision in question should be placed…

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NLRB Not Done Yet

As great as their joint employer standard reversal is, it appears that the Trump-era NLRB is not stopping there! In a separate ruling also released yesterday, the NLRB reversed the standard the agency created in its 2004 Lutheran Heritage Village-Livonia decision that employer policies that could be reasonably construed by an employee to prohibit or…

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But, There Are the “Bitter-Clingers”

Not to their guns & religion, rather to the anti-business direction that was so aggressively advocated during the eight year Obama administration. Leading the pact are still the rulings of the NLRB, about which the US Chamber produced a report, entitled Restoring Common Sense to Labor Law, which identifies the 10 most egregious rulings from…

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Caesars “Craps Out” with NLRB

It is a sure bet that under the current administration, the NLRB has no intention of taking its foot off the throat of non-union business.  If you need a recent example, we’d point you to its decision a few weeks ago against Caesar’s Entertainment (specifically, the Rio Suites Hotel & Casino, site of the 2014…

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NLRB Attacking Employee Handbooks

Two weeks ago, the National Labor Relations Board ruled against T-Mobile because their handbook required workers “to maintain a positive work environment by communicating in a manner that is conducive to effective working relationships”, a rule the out-of-control federal agency thought stifled worker rights to engage in concerted activities.  This week we learn, they’ve overturned…

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Employee Manual is Too Broad Says NLRB

The National Labor Relations Board ruled just two weeks ago that an employee manual being used by a number of private companies was so broadly written that it violated the National Labor Relations Act (NLRA).  NLRB administrative law judge David Goldman ruled that some of the policies contained in the Quicken Loans employee manual, known…

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New Jersey Member Meeting

New York and New Jersey franchise owners will want to mark their calendars for “The 1-2-3s of Employment Law – Hot Topics” on Tuesday, December 15 at the Doubletree Hotel Newark Airport.  The program will feature Attorney Tracy Armstrong, a partner and Executive Director of the firm Davison, Eastman and Munoz.  Ms. Armstrong, who has…

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NLRB Broadens Its Reach

In one of its more recent rulings, a three-member panel of the National Labor Relations Board found against an employer (Boch Imports, Inc.) who maintained employee handbook provisions the NLRB said were too broad. The case, which was initially filed in 2012, centered on the employer’s dress code, which prohibited employees from wearing any pins,…

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