As discussed in a prior post , the National Labor Relation Board (NLRB) continues to target certain employee work rules and policies, including employee handbook provisions, as running afoul of the National Labor Relations Act (NLRA).  Although the current NLRB has reversed several previous NLRB decisions regarding handbook policies, the line between permissible policies and

Most of us have driven behind or next to a driver who is talking on a cell phone.  Some of you have driven with a cell phone leaning on your ear.  Obviously, a cell phone can be distracting and can be a factor in an accident.

The Minnesota legislature decided to reduce the threat that

Earlier this month, we issued an article entitled, “Minnesota Enacts New Wage Theft Laws and Employee Notice Requirements.” Please click here to read the article. This article detailed sweeping new laws regarding wage theft, and requirements that employers provide employees detailed information regarding their employment at the commencement of their employment, as well as at

Employee work rules and policies continue to be controversial at the National Labor Relations Board (NLRB).  Under President Obama, the NLRB determined that many common employer policies and work rules violated the National Labor Relations Act (NLRA) because they interfered with and chilled employee rights to engage in protected concerted activity.  The NLRB found these

Recently, Quest Diagnostics, a company offering drug-testing services to employers, issued a report highlighting year-over-year double-digit increases in positive urine tests for marijuana between 2015–2017 in almost one-third of all U.S. industry sectors.  The company has catalogued over thirty years of national workplace drug positivity trends, and it reports significant increased positive tests both in

In the latest move in the proverbial tug of war over possible changes to the overtime laws, the Department of Labor (“DOL”) announced a potential new rule on March 8 that would increase the salary required for the so-called “white collar exemptions” under the Fair Labor Standards Act  from $23,660 to $35,308, with automatic cost

Businesses constantly search for ways to protect their competitive advantages, customer relationships, confidential business information and trade secrets.  Non-competition agreements (which often include confidentiality provisions) are usually part of those protection efforts.  Despite the belief of many employers (and employees) that these non-competition agreements are unenforceable and not worth the paper they’re written on, they