As appearing in the Human Resources of Central Ohio (HRACO) monthly newsletter   Does Your “At-Will” Employment Disclaimer Violate the NLRA? This is becoming an unfortunate theme to my monthly column. If you haven’t noticed, I write an article highlighting something of significance that occurred at the National Labor Relations Board the previous month. When…

Loiter (verb): to stand or wait around idly or without apparent purpose. Many workplaces prohibit off-duty workers from loitering at the worksite. These policies make great sense. They decrease the likelihood of wage and hour violations by providing off-duty employees the opportunity to claim they were working, but not being paid for their work. They…

Remember last year when the NLRB ruled that Whole Foods’ policy that prohibited recordings without proper authorization or the consent of the parties being recorded, was unlawful? As a reminder, Whole Foods said the purpose of the policy was to encourage open communication and to eliminate the “chilling effect” on the expression of views that…

NLRB Tightens its Joint Employer Standard In 1984 the NLRB issued a decision known as TLI, Inc. that set the standard of when it would find two or more companies to be joint employers. There, joint-employment would only be found when both entities actually exercised direct or immediate control over the employment of the same workers.…

As the title says, below is newly released guidance from the NLRB. It is not newly created. In fact, the Advice Memorandum was actually created in 2012 but just recently released to the public. Though tardy, it still provides quality insight into the Board’s decision-making process when determining whether social media policies are lawful. Requiring…

Kroger maintained a communications policy that required workers to attach a statement indicating that Kroger did not necessarily share their views to any online posting about their employment. This disclaimer strictly followed a 2012 memorandum from the then Acting General Counsel of the National Labor Relations Board that said employers could lawfully require employees to…