I have to say this almost daily, and I’ll say it again here: general harassment at work is not illegal. Harassment because you are you is not illegal. Bullying is not illegal. However, bullies tend to pick on the weak and the different, and that may mean the bullying is illegal. EEOC just issued new
Screw You Guys, I'm Going Home
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Mandatory Religious Liberty Training By Extremist Anti-Abortion Group Coming To Your Workplace
In a WTAF moment I’m still trying to process, Southwest Airlines has been ordered to provide religious liberty training to its lawyers. The training is part of the remedy a judge appointed by TFG has ordered after the airline lost a religious discrimination case. So far not so bad, right?But the judge has ordered the…
Does Your Noncompete Agreement Violate the National Labor Relations Act?
The NLRB General Counsel is taking the position that noncompete agreements in employment and severance agreements violates the National Labor Relations Act.Non-compete provisions are overbroad, that is, they reasonably tend to chill
employees in the exercise of Section 7 rights, when the provisions could reasonably be
construed by employees to deny them the ability to…
Fired for Advocating for Non-Employees? You May Have Rights
The National Labor Relations Board has ruled that employees who advocate for non-employees such as applicants and interns are legally protected by the National Labor Relations Act. The NLRB Chair said, ““Standing in solidarity can be a protected act regardless of the employment status of those you stand with — the question is simply whether,…
BREAKING: If Employer Commits Unfair Labor Practice Before Union Election, Union Is Automatically Recognized
In a total game-changer, the NLRB has ruled today that, where an employer commits unfair labor practices before a union election, the union is automatically recognized and the employer must bargain. It doesn’t appear to apply to every unfair labor practice in every election. But it will force employers to behave better before union elections or…
EEOC Issues New Rules for Pregnant Workers
The Pregnant Workers Fairness Act is now in effect, as of June 27, 2023. It applies to most employers with 15 or more employees. It requires employers to grant reasonable accommodations to employees with known limitations related to pregnancy, childbirth, or related medical conditions.EEOC has provided details on what is required:Covered employers cannot:
- Require an employee
…
New NLRB Handbook Rules Means Many Employer Handbook Provisions Are Illegal
NLRB has issued a new standard for evaluating employer work rules and employer handbooks. It applies to non-union and union workplaces that are covered under the National Labor Relations Act, which means most employers are covered. Under the new standard, the person challenging a rule or handbook provision must prove that the challenged rule has…
Don’t Expect Noncompete Relief Until Next Year Says FTC
Although we’ve been hoping that the FTC would come through on its proposed rule banning or limiting noncompete agreements, it looks like we’ll have to wait. They’ve announced they won’t be voting on the final rule until April 2024. That’s bad news for workers. Noncompetes have been abused to suppress wages, prevent employees from looking for…