This past year has gone by rather quickly, and there has been a lot of activity in the employment and labor area – especially in the labor area!
The National Labor Relations Board was particularly active with expansive rulings on employee use of Facebook and social media, walkouts, banners, rat balloons, hand billing, discussion of other employees’ wages, “Speedy Election Rules” and Employee Rights posters. The “Speedy Election Rules” are set to take effect on April 30, 2012, although the rules are being challenged in court. All private employers should be prepared to respond rapidly to any union challenge because there will now be very little time to get your message out before the votes are cast. The NLRB has also come up with a list of “Hot Topics” that will be on the top of the NLRB’s enforcement agenda in the new year. These Hot Topics include: social media and the use of employer e-mail. It is best to start now to educate managers and supervisors about their rights and responsibilities in confronting the union challenge that may be coming.
Speaking of posters – Because a federal court asked for more time to determine if the posting requirement is legal, the NLRB postponed the already once-postponed date of January 31, 2012 to April 30, 2012. Please refer to our Employment Law News Alerts dated August 29, October 6 and December 23, 2011 for more detailed information on the NLRB’s Employee Rights Poster.
The EEOC has also been aggressive this past year, taking on large and small employers in court litigation. A significant indication of the EEOC’s focus on accommodating disabilities in the application of no-fault attendance policies was demonstrated last summer with the $20 million settlement of a class action against Verizon whose no-fault policy failed to consider possible accommodations to an employee’s disability.
Bottom line for employers in the coming year – Stay up to date on the developing trends by the enforcement agencies and make sure your management and decision makers know what to do.
Should you have questions, please contact your regular Hall Render attorney or a member of our Employment and Labor Section.
