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Employees’ Use of Social Media to Complain About Working Conditions

Employers often confront the question of whether employees can be disciplined for using social media, such as Facebook, to communicate with other employees about complaints regarding terms and conditions of employment. Frequently some of those communications are expressed in terms that are offensive and disparaging about the employer and/or specific supervisors. In deciding whether employees […]

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JM
Of Counsel

Fall 2019 Under Construction Newsletter – Out Now!

The fall edition of Snell & Wilmer’s Under Construction newsletter is out now! This issue takes a look at: Does an employer have to compensate an employee who gets injured on the way to work, even if it’s not on company property? Dynamex ABC Test: The brave new world of determining independent contractors in California […]

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The Trend to Adopt Mandatory Employment Arbitration Programs

In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs are the expeditious resolution of employment disputes and the avoidance of protracted and expensive court litigation. Typically, mandatory employment arbitration programs list the […]

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JM
Of Counsel

The Labor Board Gives Unionized Employers More Flexibility Managing Their Workforce

It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of employment affecting the unionized employees, without first providing the union notice and a meaningful opportunity to bargain about the change to agreement […]

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JM
Of Counsel

Employers May Prohibit Employees From Opting In To Class Actions

Last year, in Epic Systems Corp v. Lewis, the Supreme Court held that employers act lawfully when they require employees, as a condition of employment, to enter into agreements with the employer waiving their rights to pursue employment claims through class or collective actions and stipulating that any such disputes would be resolved by individualized […]

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JM
Of Counsel

Intermittent Strikes Are Not Protected

A decision issued last week by the National Labor Relations Board (“NLRB” or “Board”) should be noted by employers facing employee general demands for changes in terms and conditions of employment. [1] The NLRB  reaffirmed established law that a series of short duration strikes, pursuant to a strategy of returning to work from a strike […]

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JM
Of Counsel

Scalia Fills Labor Role

Just as businesses were expressing cautious optimism over the interim replacement of Labor Secretary Acosta by veteran GOP operative and business ally Patrick Pizzella,  on July 18, 2019 the President announced plans to nominate business attorney Eugene Scalia to fill the role. The son of former Supreme Court Justice Antonin Scalia and current attorney at […]

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Concerted Activity or Mere Griping?

Employees have the right to engage in concerted activities, and employers commit unfair labor practices if they retaliate against employees for engaging in those activities. It is important to understand the concept of concerted activity. In order to find that an employee has engaged in concerted activity, it must be shown that: 1) the activity […]

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JM
Of Counsel

Employers May Prohibit Non-Employees From Organizing On The Employers’ Property

On Friday, June 14, 2019, the National Labor Relations Board (“NLRB” or “Board”) issued a decision of significance to employers. In particular, the NLRB decision affects employers, such as  hospitals and hotels, that have areas of their property open to the public. Reversing established precedent, the Board held that employers may prohibit non-employee union representatives  […]

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JM
Of Counsel

The April 2019 Snell & Wilmer “Under Construction” Newsletter Out

The spring edition of Snell & Wilmer’s Under Construction newsletter has been published. See here. The Labor and Employment team contributed to this issue. Walker Crowson provides a useful overview of New Mexico’s construction law. While Jerry Morales addresses picketing threats which have affected many construction projects.

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