NLRB & DOJ Join Fight Against Antitrust & "Unfair Employer Practices"

From April to June at least three federal agencies announced initiatives targeting employers' anti-trust violations.

Continuing that trend, on July 19th, the Department of Justice and National Labor Relations Board signed a memorandum of understanding (MOU) to enhance their coordination and cooperation, "to protect workers from collusion and unfair employer behavior."

Employers Get Active to Protect Captive Audience Speech

Imagine you hear a workplace rumor that some of your employees are considering forming or joining a union. You have an open-door policy, pay market-competitive wages, and think they do not need to pay to a third party any part of their well-earned money to be their advocate. 

You would like to have a meeting so you can hear your employees’ concerns and share your opinion. Would that meeting “inherently involve an unlawful threat that employees will be disciplined or suffer other reprisals if they exercise their protected right not to listen to such speech?” 

In 1977, the U.S. Supreme Court (SCOTUS) ruled that an employer must provide a reasonable accommodation under Title VII of the Civil Rights Act of 1964 for an employee’s religious observance. An accommodation became unreasonable and one the employer would not have to provide if it imposed more than a de minimis cost on the employer.

In 1986, the Court clarified that Title VII does “not impose a duty on the employer to accommodate at all costs.” A reasonable accommodation “eliminates the conflict between employment requirements and religious practices.”

Last month, the Court was petitioned to revisit this issue and answer two questions.

E-SIGN Act Correction and Follow Up!

Last month, an article read that the E-SIGN Act was signed into law on June 30, 2020. That should have read, 2000! Thanks to the reader who brought that typo to my attention; I appreciate you! 

P.S. The answer to the quiz question was President Clinton signed the act by hand as well as electronically.

UPCOMING EVENTS

• Wednesday, September 21st, FREE webcast, "Employment Law Update 2022," Noon - 1:30 p.m. ET
• Thursday, September 22nd, FREE webcast, "DEIBA: Good Intentions and Unintended Consequences,"
• Wednesday, September 28th - "Social Media in Today's Workplace," webcast, 3:00-4:15 pre-approved by HRCI & SHRM for 1.25 credits, $25 pp
• Wednesday, September 28th, - "Religion, Faith, and Workplace Accommodation," webcast, 10:00 - 11:15 a.m. ET, pre-approved by SHRM & HRCI for 1.25 credits, $25 pp

ICYMI - August's Archived Webcasts

• "Ethics, Antitrust and Whistleblowing" -75 minutes, $25 pp
• "Workplace Retaliation: The Employment Boomerang," 75 minutes, $25 pp

Recorded events still provide the listed and pre-approved HRCI & SHRM credits.