The National Labor Relations Board has continued its well-established pattern of finding routine and generally accepted personnel practices as an unlawful infringement on employee’s free speech rights. Conventional wisdom is to maintain confidentiality of informant and witness statements in internal investigations. In doing so, employers routinely request or recommend employees to maintain the confidential nature of the facts discussed during the investigation in order to maintain the neutrality and objectiveness of witnesses. To further promote objective and fair investigations, The Boeing Company promulgated a general workplace notice to employees that recommended employees refrain from discussing a case during a pending investigation. Makes perfect sense right? Wrong?!?
A frequent question to lawyers who practice traditional labor law focuses on the recognition and bargaining obligations of employers who become successors to a business. When an employer merges with or acquires another business whose employees in a particular collective bargaining unit are represented by a union, certain obligations arise. If an employer qualifies as a successor in a situation in which it takes over the unionized business of another employer, the acquiring employer succeeds to the collective bargaining obligations of the former employer.
It’s hard to keep up with all of the recent changes in employment law and even harder to make sure your employee handbook is up to date. Plus, it’s a real pain to have to make revisions to your handbook and much easier to just let it be. But, employers who choose the latter do so at their peril. Here are three examples of changes in Illinois law that may require you to update your handbook.
You should. And yes, just saying the “Fair Credit Reporting Act” (“FCRA”) is a mouthful. With numerous opportunities for employers to trip up on technical violations, and promise of potential attorneys’ fees for plaintiffs’ attorneys, lawsuits, including class actions, are on the rise.
Tune into KMOX’s Total Information AM on September 2nd for a discussion with Sandberg Phoenix’s Timm Schowalter on transgender bathroom use.