Employment Policies and Agreements

A recent case involving Whole Foods demonstrates the ever-increasing importance to the National Labor and Relations Board of protecting Section 7 concerted activity under the National Labor Relations Act.  Section 7 protects activities of employees when exercising their rights under the National Labor Relations Act to collective action.  Both unionized and non-unionized employees are protected

Here are five reasons why employers should consider adopting an Employee Handbook, if they have not already done so:

  1. Creating a Workplace Culture: Employee Handbooks can play a role in defining the culture of the workplace. For example, a Handbook can reinforce themes of openness, innovation, or respect in the workplace.
  2. Setting Expectations: Employee Handbooks

Probably not – in a recent case, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB) rejected an employer’s argument that a savings clause added to the beginning of its employee handbook shielded the employer from liability.
The focus of the dispute in Macy’s, Inc. was whether the employer’s policies were unlawfully

Here are three easy things that employers can do to cut costs and save money in Minnesota:
(1) Don’t Pay Out Unused PTO To Terminated Employees:  Under Minnesota law, whether a terminated employee is entitled to payment for unused PTO or vacation depends on the terms of the agreement between the employer and the employee. 

On March 18, 2015, the Office of the General Counsel for the National Labor Relations Board (NLRB) released a memorandum regarding employer policies that are allegedly overbroad and unlawful under the National Labor Relations Act (NLRA). Many of the challenged policies are commonplace and not intuitively questionable from a legal perspective. The NLRB has challenged

Yes – employers generally can monitor employee emails sent using an employer-provided account, but it’s best for employers to take certain steps to ensure that the monitoring is lawful.
Whether an employer can monitor employee emails sent using company email typically depends on whether the employee has a reasonable expectation of privacy in the emails. 

Reversing a previous 2007 decision, the National Labor Relations Board (NLRB) recently held that employees have a presumptive right to use employer-provided email systems for union organizing and other protected, concerted activities.
In Purple Communications, Inc., the NLRB held that “[w]e adopt a presumption that employees who have been given access to the employer’s

The Minneapolis City Council recently passed an ordinance that prohibits the use of electronic cigarettes in indoor public places, including places of employment, effective immediately.  In addition to workplaces, the ordinance will apply to other public areas such as stores and restaurants.  The only exception is for  electronic cigarette sampling in exclusive tobacco shops (including

The National Labor Relations Board (NLRB) recently re-affirmed a ruling that has been rejected by multiple federal circuit courts, holding that an arbitration agreement cannot require employees to waive their rights to proceed as a class or collective action.
In D.R. Horton and Michael Cuda, the NLRB first held that an employment agreement violates