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Author: Brett Holubeck

Responding to EEOC Charge Podcast

Published by Brett Holubeck on August 11, 2022

In this episode of Employment Law Problems, I discuss some of the basic elements that all employers should consider when responding to an EEOC charge. Many employers will never face a discrimination charge, but for those that do it can be one of the most difficult allegations to defend against if the employer does not take proper precautions. Fortunately, there are a number precautions that employers can take to reduce their risk. Many employers can benefit from understanding the laws around discrimination, training your managers, and documenting various employee problems, which I discuss in this episode.

The information provided in this blog is for educational purposes only and is not legal advice. If you need legal advice, then you should speak with a lawyer about your specific issues. Every legal issue is unique. A lawyer can help you with your situation. Reading the blog, contacting me through the site, emailing me or commenting on a post does not create an attorney-client relationship between any reader and me.

The information provided is my own and does not reflect the opinion of my firm or anyone else.

Your Employee Handbook Rules are in Jeopardy From the National Labor Relations Board

Published by Brett Holubeck on May 5, 2022

The National Labor Relations Board is looking to make dramatic changes to employee handbooks. Here is the first paragraph in my latest article.

The National Labor Relations Board is actively looking to modify the legal standards that for the past five years have provided a commonsense solution for evaluating the legality of commonplace workplace misconduct rules. And if recent events are any indication, both unionized and non-unionized employers alike should be prepared for a new day in which your handbook rules will once again be unreasonably scrutinized – meaning your policies may need to be rewritten to ensure compliance with the new standards. What is happening at the Labor Board and what should you do to prepare for this inevitable swinging of the pendulum?   

You can read the rest of the article here: https://www.fisherphillips.com/news-insights/its-time-to-revisit-your-handbook-rules-as-labor-board-takes-aim-at-workplace-civility-and-workplace-conduct.html

Will Captive Audience Meetings Become Unlawful at the NLRB

Published by Brett Holubeck on April 28, 2022

In a recent post on the Fisher Phillips blog, I and my colleagues examine this issue.

Here is the first paragraph:

The NLRB’s top prosecutor just issued a memo which seeks to bar employers from convening employee meetings on working time to address union representation unless they provide employees specific assurances that participation is completely voluntary. These so-called “captive audience” meetings are routinely conducted to educate employees – particularly in response to arguments advanced by organized labor outside the workplace – and have been a staple in the American workplace since Congress amended the labor laws to recognize employer free-speech rights almost 75 years ago. Although a handful of states have enacted statutes attempting to restrict such meetings, the April 7 memo from NLRB General Counsel Jennifer Abruzzo (formally known as GC Memo 22-04) represents an unprecedented development in the annals of modern labor law. What do employers need to know about this significant step – and what should they do about it?

The rest of the article is available here: https://www.fisherphillips.com/news-insights/nlrbs-top-sheriff-calls-for-abrupt-end-to-75-years-of-lawful-captive-audience-meetings.html

Brett Holubeck (of Houston, Texas) is the attorney responsible for this site.