Rojgar Job News

The supervisor did it. Yep, you’ve concluded that he sent unwanted texts to his subordinate telling her she looked “beautiful.”  Maybe even stopped by her hotel room unannounced one night at a conference for a “nightcap”. While the subordinate’s career does not appear to have been harmed in the legal sense (i.e. there’s no “tangible employment action”), you’ve concluded that there was something “inappropriate” that happened. (And let’s state the obvious: harm can exist even outside the “tangible employment action” context — that’s an issue for another post.) So, back the the issue of the day — something “inappropriate” happened; maybe even something that meets the legal definition of “sexual harassment”. What then? Firing? Perhaps. But what if you conclude that a lesser type of sanction is warranted?  Can you do that? If so, what’s the stand...

The National Labor Relations Board continues to clarify and update employers’ obligations in key areas. As discussed below, one recent decision clarifies when employers may enter into arbitration agreements that require employees to keep the proceedings confidential. Another recent decision rescinded a rule issued by the Obama-era NLRB and clarified, for employers who are negotiating their first contract with a labor union, when the employers may discipline employees. NLRB Upholds Confidentiality Provision in Arbitration Agreement The first decision, California Commerce Club, Inc. , provides important clarification for all employers. As background, in many situations, the NLRB deems it unlawful for an employer to bar employees from discussing certain terms and conditions of employment. The NLRB takes the position that certain such confidentiality rules can unlawfully restrict employees from engaging in “protected concerted activities,” such as communicating as part of ...