New NLRB Employer Handbook and Policy Standards - Presentation

On August 2, 2023, the National Labor Relations Board adopted strict new standards for gauging the validity of an employer's written policies.

Under the new standards, employer polices (such as handbook language) are presumptively unlawful if any employee planning to engage in protected activity under the National Labor Relations Act could reasonably interpret the policy to prohibit, or retaliate against, such conduct.

An employer may justify presumptively unlawful policies by showing a legitimate business justification, but the employer must also show that there are no other reasonable alternatives.

The new standard returns to policy first adopted during the Obama administration and rejected by a subsequent Republican-majority Board. Only time will tell whether further reversals may occur depending on the outcome of future elections.

The August 2 decision in Stericycle, Inc. can be downloaded here.

We discuss the new standards, policies likely to be affected, different NLRB General Counsel's guidance, and strategies for compliance in a presentation to PASCO (the Professional Association of Sonoma County) during its 2023 Annual HR Conference in Santa Rosa, California. A .pdf copy of the PowerPoint presentation and embedded links can be viewed here.

2023 Mid-Year Employment Update

Our initial 2023 Mid-Year Employment Law Update is on June 28, 2023, in Napa, California. The presentation will cover new laws from the past year as well as recent court cases and administrative developments. Some topics include:

· Current COVID-related workplace safety standards

· Reduced vaccination and health-check flexibility

· New privacy and AI guidance

· Changes in I-9 compliance procedure

· Increased whistleblower and retaliation liability

· Religion and religious practice accommodation

· New rules on policies and discipline under federal labor-management law

· Non-disparagement and confidentiality clauses

· Drastic changes in agricultural employee labor relations

· Arbitration agreements and PAGA liability

· Current rulemaking and proposed legislation

View a copy of the 2023 mid-year update via this link.

Current Employment-Law Issues for Lawyers (and other businesses)

Small businesses are covered by many laws they often don't even know about. This includes lawyers and law firms, who may focus on clients without making time for their own business practices. Our March 24 presentation to the Napa County Bar Association addresses some recent developments in employment law relevant to most law firms - and equally applicable to other businesses as well. Some issues include:

• California Family Rights Act

• Leaves for a "Designated Person"

• Mandatory Bereavement Leave

• Employee "Emergency Condition" Rights

• State-mandated Retirement Benefit Options

• Pay Scale Disclosures

• Settlement and Severance Agreements

• Non-Compete and Non-Disclosure Agreements

View a copy of the March 24 presentation via this link.