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Traditional Labor Relations

Time Flies When You’re Having Fun: NLRB Further Reduces Time Employers Have to Educate Employees During Union Campaigns

February 10, 2016

Seth D. Kaufman Seth D. Kaufman
On January 29, 2016, the National Labor Relations Board (NLRB) issued a decision in Guardsmark, LLC, 363 NLRB No. 103 (Jan. 29, 2016) moving the deadline for employers to hold captive audience meetings in mail ballot elections to 24 hours before the regional office mails the ballots. In so doing, the NLRB overruled a near-60 year-old precedent set in Oregon Washington Telephone Co., 123 NLRB 339 (March 24, 1959), which held that employers could hold captive audience meetings until the time the regional office mailed the ballots. This decision, coming on the heels of the NLRB’s recent “ambush” election rules, is another brick in the wall of the NLRB’s effort to limit the time employers have to speak to and educate their employees during a union organizing campaign.

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Supreme Court Forges New “Significant Burden” Interpretation of the Pregnancy Discrimination Act

3/25/2015 12:00:00 AM

On March 25, 2015, the Supreme Court of the United States settled a controversy surrounding an employer’s policy that provided light-duty work for certain employees (including some disabled employees) but not for pregnant workers. The case was brought by a worker who tried to show—through indirect evidence—that the policy resulted in the disparate treatment of pregnant workers.