Burr Alert: Do Employers Need Policy Reviews Following the Election?

December 12, 2012

The election is over, so now what? Elections have consequences, and the consequence of this election for employers' employment policies is breathtaking. Have an arbitration policy? It is likely unenforceable. Rules protecting trade secrets? Likely unlawful. Work rules concerning technology use and even workplace violence? Possibly unenforceable. Want to know more?

The great majority of employers have no unions, and little familiarity with the National Labor Relations Act and its enforcers. That is going to change and it impacts union-free employers in all of the ways discussed above. In the past, the extent of most union-free employers' interaction with the National Labor Relations Act has been confined to having the right rules concerning solicitation, wearing buttons, and using company email. No more. The current National Labor Relations Board and Acting General Counsel Lafe Solomon have recently issued a number of opinions directed at making the union-free employer's life more difficult.

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