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The Return of Mintz March Madness

By Michael Arnold on March 13, 2017

Posted in Affordable Care Act, Discrimination Laws, Employee Benefits, Employee Privacy, Employment Legislation and Regulations, Healthcare, NCAA, New York, NYCOLS, Privacy, Wage and Hour Issues, Wage and Hour Laws

It’s our favorite time of year over at Employment Matters – March Madness! Let’s quickly recap where we’ve been.

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Employment Quote of the Week

“The [NLRB] found that the workplace conduct policy, which encouraged employees to maintain a ‘positive work environment,’ violated the NLRA because a reasonable employee would read the language to discourage protected activity, including candid, potentially contentious discussions of unionizing. This finding is unreasonable ... The policy is titled ‘Workplace Conduct.’ The rule refers to a positive work environment and effective working relationships, and requires employees to behave in a way that ‘promotes efficiency, productivity, and cooperation,’ with the obvious implication ‘with respect to work.’ ... A reasonable employee … would interpret the policy as requiring professional manners, positive work environment, effective and courteous communications, getting along with everybody, common sense, and people skills. The reasonable … employee would understand the rule to express a universally accepted guide for conduct in a responsible workplace ... In other words, the NLRB erred by interpreting the rule as to how the reasonable employee could, rather than would, interpret these policies ...” Circuit Judge E. Grady Jolly in T-Mobile USA, Inc. v. NLRB, No. 16-60284 (5th Cir. July 25, 2017) (partially reversing NLRB decision and holding workplace conduct policy did not violate the NLRA).

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