NLRB Ruling on Class Waivers Adds Another Decision to 2019-20 HR Compliance Planning

On August 14, 2019, the National Labor Relations Board ruled in Cordúo Restaurants, Inc. that an employer could change its mandatory arbitration agreement to bar its workers from opting into a class action in response to being sued for wage and hour violations, and that a supervisor’s threatening statements to workers that they would be fired if they failed to sign the agreements did not violate Section 7 of the National Labor Relations Act (NLRA). This guidance may create more confusion and risk for HR

Workplace Legislation Not Letting Up During Dog Days Of Summer

The heat of the summer doesn’t seem to be slowing down State and Federal lawmakers keen to advance workplace reforms before election season kicks into full swing. For instance, on Friday, August 9, 2019, Governor Pritzker signed into law the Workplace Transparency Act (WTA), a bill inspired by the #MeToo movement and imposes several new obligations on employers to combat harassment, including requirement to provide annual harassment training of workers, a prohibition on some confidentiality agreements when they bar disclosure of harassment, discrimination and retaliation concerns; and an expansion of protections against harassment to independent contractors and to locations outside the physical workplace, both under certain conditions. Also, earlier today, August 12, 2019, the National Labor Relations Board (NLRB or Board) published the first of its promised series of proposed rules to change union election processes. The most significant piece of the proposed rule would seem to make it easier for workers to vote to decertify or “oust” unions as their bargaining representatives.