As you should already know if you opened the earlier email from us, there is some big news on the Persuader Rule front. The DOL has grandfathered in all engagements - including multi-year or long-term - that exist prior to July 1, eliminating the need for reporting where such agreements exist. If you missed that email and want to get this covered, send an email to us and we’ll get you taken care of.
The Fifth Circuit Court of Appeals upheld the Speciality Healthcare decision allowing micro units, in a challenge that has spanned 4 years. This is the fourth time an appeals court has enforced the rule. The Fifth Circuit also upheld the Ambush Election rule in a case originating in Texas and brought by a coalition of business groups.
In another appellate court action, the Seventh Circuit, in a decision contrary to two other circuit court rulings (from the Fifth and Eighth Circuit Courts), determined that class action waivers in mandatory arbitration clauses are unenforceable. Until such time as the matter winds its way to the Supreme Court, employers will have to make a decision about such clauses based on what Appellate Circuit they reside in.
The NLRB made it tougher for unionized employers to enroll in the government’s E-Verify program by demanding that such a move must be bargained with the union.
The NLRB uncharacteristically chastised a union for threatening employees during a decertification drive. A CWA official told a worker collecting signatures that, referencing legal action, “we’re going after y’all personally.”
In a unique argument, Microsoft filed a friend-of-the-court brief claiming that the NLRB’s revised joint employer standard could severely chill corporate social responsibility programs set up between franchisors and franchisees. The claim was not just hypothetical, but based on a recent unfair labor practice filing involving a sick leave policy requirement with a supplier.
It can be tough to keep up with all the ways the NLRB actions and rulings can impact non-union employers, so it might be helpful to review this article that lists a host of possible impacts, including:
- Social Media Policies
- Off-Duty Access Restrictions
- Class Action Waivers
- Restricting Discussion of Internal Investigations
- Solicitation and Distribution Policies
- Electronic Communications
- At-Will Policy Statements
- Rules Requiring “Courteous” or “Respectful” Behavior
- Outright Bans on Workplace Photography or Recording
- Overly Broad Restrictions on Media Disclosures
- Restrictions on Public Logo Displays
- Overly Broad Confidentiality Rules
- Mandatory Complaint Policies