Information and guidance on every phase of employment
Q: What is the current rule on whether an employee can use our company’s email system to distribute union material? Also, are we permitted to require employees to keep workplace investigations confidential without running afoul of the National Labor Relations Act?
A: There are actually two issues that arise from your question, and both were…
Q. I heard there have been some significant National Labor Relations Board decisions recently. What do I need to know about them?
A. Over the past few months, the Board’s Republican majority has issued a series of employer-friendly decisions. They involve various topics, including expansion of employer property rights, classification of workers as independent contractors,…
Q. What is the standard for determining whether two companies are joint employers?
A. On February 26, the National Labor Relations Board (NLRB) decided unanimously to vacate its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) (vacated at 366 NLRB No. 26). As we reported previously, in December 2017, the…
Q. I am the HR Manager for a non-union workplace and we are investigating an issue involving employee misconduct. One of the employees whom I want to interview has requested that a coworker attend the interview as his “representative.” Can we say no?
A. Yes!
While the NLRB has flip-flopped on this issue several times over the past few decades, the current ruling is that employees in non-union workplaces do not have so-called “Weingarten” rights to representation during company interviews.
Continue Reading Employees’ Right to Representation During Employer Interviews
