Connecticut Poised to Ban ‘Captive Audience’ Meetings and Expand Employee Free Speech Protections

Recently, the Connecticut General Assembly sent Public Act No. 22-24 (Substitute Senate Bill No. 163), “An Act Protecting Employee Freedom of Speech and Conscience,” to Governor Ned Lamont’s desk for signature. If enacted, the law will amend Connecticut’s employee free speech statute, Conn. Gen. Stat. Section 31-51q, significantly limiting an employer’s ability to speak directly with its employees.

Five Issues to Consider When Returning Furloughed and Laid Off Employees to Work

As the nation slowly reopens for business, employers and employees are understandably filled with uncertainty. For many employees, there is uncertainty about the risks involved with returning to work. For many employers, there is uncertainty about the scope of their legal obligations to employees and others during a continuing pandemic. These are uncharted waters in many respects, but there is guidance upon which employers can rely in making decisions about how to resume operations, including in making decisions about returning furloughed and laid off employees to work. While there are many issues employers must consider in resuming operations, this article focuses on five specific issues to consider when returning employees to work.

Retail FAQs During the COVID-19 Pandemic

Retail employers are facing challenges unique to their workforces due to the spread of COVID-19. Retailers must keep abreast of federal laws such as the Families First Coronavirus Response Act (FFCRA), the Coronavirus Aid, Relief, and Economic Security (CARES) Act, in addition to guidance from federal agencies on these new laws. Below are answers to the most frequently asked questions perplexing retailers confronting issues such as health and safety, unions and employee relations, and employee benefits.

NLRB Restores Employers’ Right to Restrict Employees’ Personal Use of Company Email and Other IT Resources

In Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, Case 28-CA-060841 (December 16, 2019), the National Labor Relations Board ruled that employees do not have a statutory right under the National Labor Relations Act to use their employer’s email system or other information technology (IT) resources for Section 7 purposes, such as union organizing.

Are You on Candid Camera? The NLRB Just Made It More Difficult to Ban the Use of Recording Devices in the Workplace

On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that it is unlawful for an employer to  adopt a work rule that prohibits employees from recording company meetings or conversations with coworkers without a valid legal or business justification. This decision is another in a long line of cases in which the NLRB has deemed employer handbook policies unlawful.

NLRB Launches Mobile App in Latest Effort to Educate Employees About NLRA

On August 30, 2013, the National Labor Relations Board (NLRB) announced the release of a free NLRB mobile app for iPhone and Android users. The app is the latest phase of the NLRB’s continued campaign to educate employees about the National Labor Relations Act (NLRA) and the role of the Board in enforcing the NLRA in both union and nonunion environments.

NLRB ALJ Issues Additional Social Media Guidance in Dish Network Corporation

The National Labor Relations Board (the NLRB or Board) and its administrative law judges continue to scrutinize employers’ social media policies, with additional guidance being released almost weekly. In a case involving Dish Network Corporation (Dish Network), an administrative law judge (ALJ) opined that the employer’s social media policy violated…..

NLRB Targets At-Will Disclaimers And Off-Duty Employee Access Rules

Recent months have seen the National Labor Relations Board (NLRB) take efforts to regulate employer activity in new and often unprecedented ways. Two of the NLRB’s early efforts in this regard were the attempt through rulemaking to require employers to post a notice advising employees of their right to organize and the issuance of rules that would speed up the union election process.