The National Labor Relations Board (NLRB) is on its way to making some significant changes, which favor organized labor. One change that may be coming relates to non-solicitation rules. These rules determine when a union organizer can come on a company’s property and solicit employees to join a union. For the time being, a company
California: Employee’s E-Mails With Lawyer Are Not Privileged When Sent Via Company Computer
A clear and comprehensive computer policy is an essential component of any employee handbook. Last week, a California appellate court ruled that when such a policy is in place, an employee who uses the company computer to e-mail her attorney about perceived harassment and discrimination in the workplace waives the attorney-client privilege.
Oregon Supreme Court Allows Greater Punitive Damage Award in Some Employment Cases
The Oregon Supreme Court has recognized an exception to limits on punitive damage awards in certain employment cases where the compensatory damages are low. In Hamlin v. Hampton Lumber Mills, Inc., the Oregon Supreme Court considered the case of a plaintiff who was injured on the job and whose employer failed to reinstate him
GINA Compliance?
As Stoel Rives World of Employment has previously reported, Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers from discriminating against employees and applicants based on their genetic information and regulates employers’ acquisition and use of genetic information.
GINA applies to private employers with 15 or more employees, employment
How To Avoid Holiday Party Pitfalls (and Liability)
According to recent poll by the Society of Human Managers (SHRM), fewer employers are foregoing holiday parties this year than in 2009. Although the economy continues to sputter, many employers likely see the traditional holiday party as a relatively inexpensive way of boosting morale and creating good will among their employees.
Some employers approach party planning
Oregon Minimum Wage to Rise to $8.50/Hour in 2011
The Oregon Bureau of Labor and Industries recently announced that Oregon’s minimum wage will increase by ten cents to $8.50 an hour effective January 1, 2011. Oregon’s minimum wage has been $8.40 an hour since January 1, 2009. Click here to read Labor Commissioner Brad Avakian’s press release on the minimum wage increase.
As
Ninth Circuit Approves of “Preemptive” Fitness for Duty Examination
Yesterday the Ninth Circuit Court of Appeals issued a decision approving of an employer’s use of a "preemptive" fitness for duty examination for an employee who exhibited bizarre and erratic behavior in the workplace, even though that behavior had not yet impacted his job performance. Click here to read the full opinion in Brownfield v. City
Supreme Court issues Favorable Ruling for Employers in Texting/Privacy Case
Yesterday the United States Supreme Court issued a long-anticipated decision in City of Ontario v. Quon, unanimously ruling that a search of sexually explicit personal text messages sent by a police officer using his department pager was reasonable and did not violate the individual officer’s privacy rights. At issue was the right of a government
Supreme Court Invalidates Nearly 600 Decisions Made by Two-Member NLRB
This morning the United States Supreme Court issued a highly-anticipated decision in New Process Steel v. National Labor Relations Board, ruling 5-4 to effectively invalidate almost 600 decisions made by the NLRB during the time it only had two members.
Normally, the NLRB is comprised of five members, but typically delegates its powers to decide most
More Federally Mandated Wallpaper: Federal contractors must post a notice of employee rights under the National Labor Relations Act
Once again, employers are being given an old line: we are from the federal government and we’re here to help you . . . with your office decorating. Shortly after his inauguration, President Obama issued Executive Order 13496 (the “Order”). The Order directed that all federal contractors post a notice to their employees advising the employees of their