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Why Non-Union Private Employers Should Be Aware of the National Labor Relations Act
Christopher R. Henderson, Esq.
By Christopher R. Henderson, Esq.

Why Non-Union Private Employers Should Be Aware of the National Labor Relations Act

It is a common misunderstanding that the National Labor Relations Act (NLRA) only applies to unionized employers. It doesn’t – and being unaware of that fact can lead to increased liability and substantial costs.  The heart of the NLRA is Section 7, which provides employees “the right to self organization, to form, join, or assist […]

A Cautionary Reminder For Public Sector Employers
Christopher R. Henderson, Esq.
By Christopher R. Henderson, Esq.

A Cautionary Reminder For Public Sector Employers

At the end of 2021, the State Board of Labor Relations (SBLR) issued a decision that serves as an important and cautionary reminder to take seriously the prohibition against direct dealing and union retaliation.  The Municipal Employee Relations Act (MERA), like many collective bargaining statutes across the country, prohibits an employer from negotiating terms or […]

Bill to Ban Captive Audience Speeches Introduced at General Assembly
Floyd J. Dugas, Esq.
By Floyd J. Dugas, Esq.

Bill to Ban Captive Audience Speeches Introduced at General Assembly

Continuing the trend in an already pro-union state, the General Assembly is considering a “captive audience” bill which would outlaw “captive audience” meetings by employers in response to union organizing efforts. For decades, federal and state law has permitted employers to hold mandatory meetings during work hours where they would have an opportunity to explain […]

The End to Mandatory Arbitration for Sexual Misconduct Claims
Rebecca Goldberg
By Rebecca Goldberg

The End to Mandatory Arbitration for Sexual Misconduct Claims

In an effort to remove clouds of secrecy that may surround sexual misconduct claims, Congress recently passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”).  Arbitration is typically a confidential process, while court proceedings are public.  To bring more sexual misconduct claims into public forums, this Act amends the Federal […]

EEOC Issues Updated COVID-19 Technical Guidance
Christopher R. Henderson, Esq.
By Christopher R. Henderson, Esq.

EEOC Issues Updated COVID-19 Technical Guidance

The Equal Employment Opportunity Commission (EEOC) recently released an update to its technical guidance, adding a new section clarifying under what circumstances COVID-19 could be considered a disability under the Americans with Disabilities Act and the Rehabilitation Act, which could then require an employer to provide a “reasonable accommodation” absent undue hardship. The Department of Justice and Department […]