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Issuing yet another blow to commonly promulgated workplace rules, the National Labor Relations Board (“NLRB”) struck down a Whole Foods Market policy prohibiting employees from recording conversations, meetings, phone calls and other activities at work.  [Whole Foods Market, Inc., 2015 BL 424627, 363 N.L.R.B. No. 87 (Dec. 24, 2015)].  Despite Whole Foods’ explanation that the policy was specifically designed to “encourage open communication, free exchange of ideas, spontaneous and honest dialogue and an atmosphere of trust,” and “to eliminate a chilling effect on the expression of views . . . especially when sensitive or confidential matters are being discussed,” the NLRB found that the policy could have a chilling effect on an employee’s section 7 rights. 
Continue Reading Recent NLRB Work Rule Decision Strikes Down Another Commonly Promulgated Policy

Regardless of whether you believe the Supreme Court should have decided the issue, last week’s decision on marriage equality has the potential to benefit your business. Because the decision creates a uniform definition of marriage across the country, it may simplify administration of some employee benefits, thus saving corporations time and money. As discussed below, however, there are a few steps every employer should take to realize these gains.

In Obergefell v. Hodges, the Supreme Court declared marriage a fundamental right protected by the 14th Amendment of the Constitution and struck all state bans on same-sex marriage. Writing for the majority, Justice Kennedy explained that the fundamental liberties protected by the Due Process Clause (which prohibits states from depriving “any person of life, liberty, or property, without due process of law”) extend to certain personal choices central to individual dignity and autonomy. These choices include those that define personal identity and beliefs.Continue Reading The Benefits of Equality: How Same-Sex Marriage Can Strengthen Your Business

As employees return to work the Monday after Thanksgiving, their minds (and electronic devices) may be focused on sales rather than work. Although some reports indicate that the best day for online deals will be Thanksgiving itself, Cyber Monday is still anticipated to be the biggest online shopping day of the year, with consumers

For employers, a healthy workforce can mean improved productivity, lower absence rates, and a reduction in health insurance costs. In an effort to realize these rewards, many employers have implemented wellness programs, including programs that build in incentives for employee participation. One popular type of program asks employees to undergo health screenings, also known as

With a growing number of employers using personality tests to vet job applicants, it is important for management to understand the pitfalls of these tests, including the potential for costly litigation. Here, we review general guidelines to help employers benefit from the use of personality tests, while avoiding liability.

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