Speaking Engagement

Webinar on Labor Law in the Nonunion Sector

Friday, November 30 06:00 AM BST to 06:00 AM BST

DATEThursday, November 29, 2012

TIME12:00 pm - 2:00 pm ET /9:00 am - 11:00 am PT

Labor Board Rulings Attempt to Regulate Personnel Practices of Nonunion Employers

On November 29, 2012, Paul Hastings will host a complimentary nationwide webinar on the rash of new rulings of the National Labor Relations Board that threatens a new federal intrusion in the ability of nonunion employers to manage their workplace.

The National Labor Relations Act protects concerted activity in support of improved wages and working conditions even if employees are not represented by a labor organization or even interested in such representation. But as labor union organizing and hence the need for NLRB-conducted elections has significantly declined, the federal agency has turned its attention to the personnel practice of employers who are not facing an organizing drive or any form of collective employee protests.

In the last 2-3 years, the Board has issued the directives that:

• Restrict the ability of employers to maintain the confidentiality of pay practices;

• Attempt to invalidate class action waivers in arbitration agreements even when those waivers are consistent with federal arbitration law and state contract law;

• Tell employers to curtail use of "employment at will" language in their employee handbooks;

• Restrict the ability of employers to insist on a uniform work attire policy;

• Regulate social media and policies that employers may use to protect their vital interests; and

• Prohibit employers from telling employees under investigation for misconduct that they may not discuss the investigation with others.

These are unprecedented developments, but the NLRB is just getting started. These rulings follow significant changes in NLRB election procedures to shorten the time span between union petitions for an election and the holding of the election; and in unit rules to make it easier for small segments of workforces to unionize.

Although election results may change things, the best course for employers is to be prepared. The Paul Hastings webinar on November 29 will:

• Provide concrete guidance on changes in personnel handbooks, manuals, applications, and bulletin board postings that should be considered;

• Evaluate the desirability of reorganizing supervision reporting structures to enhance the likelihood of a favorable unit determination;

• Consider, along with representatives of leading employer organizations participating in the Webinar, the best strategy for education, amicus representation before the NLRB and the courts, and seeking legislative relief in Congress.

SPEAKERS INCLUDETodd C. Duffield, Partner, Employment Law DepartmentPaul Hastings

Samuel Estreicher, Of Counsel, Employment Law DepartmentPaul Hastings

Zachary D. Fasman, Partner, Employment Law DepartmentPaul Hastings

Robert P. Kristoff, Partner, Employment Law DepartmentPaul Hastings

COMMENTATORS INCLUDEThomas Beck, Vice President, Labor RelationsHospital Corporation of America (HCA) 

Ryan P. Kearney, Manager, Labor & Workforce PolicyNational Restaurant Association

RSVP by Monday, November 26th to Greg Buss at gregbuss@paulhastings.com or +1.213.683.5677

CLE Qualifications Pending Approval.