mitigating liability

January 14, 2015

Prepare Now To Stay Union-Free

The National Labor Relations Board (NLRB) removed unnecessary barriers and reduced unnecessary delays according to its final rule on the union election process. This ruling has been referred to as “quickie or ambush elections”. It was published in the Federal Register on December 15, 2014 and will take effect April 14, 2015. In their ruling, rules about documents and communications are modernized in light of new technology. Electronic filings and communications will replace paper petition filings and notifications. Election petitions can be filed with the Board and served on the employer electronically. Currently, employers are not required to post a […]
November 3, 2014

BYOD—Where’s The Party?

Bring your own device (BYOD) is anything but fun. Every employer needs to address employees’ personal communication devices. More and more employers have decided it’s better to let employees use their own devices to manage their business and personal lives. Employers and employees risk privacy breeches along with countless other headaches. Policies to protect both parties are difficult to write and manage. A one size policy does not fit all. The nature of the business and what kind of data it uses will determine what legal obligations exist. Developing a BYOD policy requires legal advice after the employer decides in […]
July 16, 2014

The Buck Starts Here

Every step of the employment process is important and the employment application is no exception. Most employers use employment applications. It is an integral part of the hiring process; a tool that should not be overlooked. A recent New Jersey court decision emphasized the importance of a well-written employment application. In the Rodriguez v. Raymours Furniture Company, Inc. case, the furniture store’s employment application included this statement: I agree that any claim or lawsuit relating to my service with Raymour & Flannigan must be filed no more than six(6) months after the date of employment action that is the subject […]
April 8, 2014

Drawing the line on civility

The NLRB requires most private employers to abide by the National Labor Relations Act. Very basically, Section 7 gives employees the right to organize and to engage in concerted activities for mutual aid, and the right to refrain from any such activities for the most part. Section 8 describes unfair labor practices of employers. National Labor Relations Board (NLRB) conducts thousands of unfair labor practice investigations each year. A recent finding ruled it unlawful to require employees to refrain from negativity in the workplace. Hills and Dales General Hospital was struggling in 2005. Departments were not cooperating with each other, […]