Social Media Posts During Turbulent Times: FAQs on Employee Rights and Employer Responsibilities

Many people have commented on social media regarding the anti-racist movement that has been gaining strength in the wake of police officers killings around the country. Unfortunately, some of these posts are inflammatory, derogatory, offensive, or racist. Even though employees are generally posting on their personal social media pages and are often doing so outside of work time, coworkers and even community-members to employers are increasingly complaining about offensive comments employees are posting on various social media platforms. While sometimes the conduct is so severe that employers can easily determine the appropriate consequences, in other cases employers must balance a variety of legal requirements, employee and public relations concerns, and their own company values. The following are answers to frequently asked questions about these issues.

Mental Health in the UK Workplace During the Coronavirus Pandemic

On 18 May 2020, at the start of Mental Health Awareness Week in the United Kingdom, the UK government’s Advisory, Conciliation and Arbitration Service (ACAS) published “Coronavirus and mental health at work,” a guide to how individuals can look after their mental health and how employers can “support employees’ health, safety, and well-being” while managing workplace mental health issues. The overriding message from the guidance is that good communication is key during this challenging time. The guidance also emphasises that employers should be aware of the signs of mental health concerns in the workplace and encourage openness between colleagues to support those who may be suffering.

Common Neutrality Agreement Provisions Between Union and Hotel May Violate the NLRA

On November 20, 2019, the National Labor Relations Board’s (NLRB) Office of the General Counsel granted an appeal filed by the National Right to Work Legal Defense Foundation (NRTWLDF) on behalf of a hotel housekeeper in Seattle finding that a neutrality agreement arguably violated the National Labor Relations Act (NLRA) and that the hotel’s recognition of the union pursuant to that agreement was unlawful.

Frustrated, Angry, or Discouraged? Tips for How to Treat Former Employees’ “Vent Letters”

Sometimes departing employees are more comfortable expressing their concerns in writing rather than communicating them verbally. These written messages may take the form of what’s often called a “vent letter,” which could range from an informal email to something that looks more like a formal complaint. Employers and human resources (HR) professionals are tasked with appropriately addressing such communications. Here are some tips and answers to commonly asked questions about vent letters.

March Madness and Employee Morale: Five Questions and Answers on the Tournament Effect

As the 2018 National Collegiate Athletic Association (NCAA) Division I Men’s Basketball Tournament marches with madness to its Final Four weekend in San Antonio, Texas, where a season’s champion will be crowned, most fans are finally settling down from the tumult of two weeks of buzzer beaters, bracket-busting upsets, and office pool politics. In the aftermath of four rounds of tournament play and office pool competition—with two more rounds to go—enduring questions remain: Is workplace betting on tournament games inevitable?

1 Million Views for All the Wrong Reasons: How to Keep Your Office Holiday Party From Going Viral

Your annual holiday party presents an opportunity for employees and management to cut loose and celebrate their accomplishments in the past year. It also presents an opportunity to make some bad decisions—which, unfortunately, may have lingering consequences long after the last guests have made it home. From employees making a scene to sexual harassment allegations, there’s a lot on the line during holiday festivities, especially in the day and age when all public activities could wind up on the Internet.

What Behavioral Psychology Has to Do With Union Avoidance: Reflections From a Labor Lawyer

As a traditional labor lawyer, I spend a great deal of time traveling the country to assist clients, and I spend a lot of that time in airports and on airplanes reading. On a recent trip, I read The Undoing Project: A Friendship That Changed Our Minds by Michael Lewis, which discusses the research two psychologists conducted on the psychology of decision-making. The research, which concluded that people often err when making decisions despite access to information that should help them, got me thinking about how employees act in the face of union campaigns.