Navigating the complex landscape of employment and labor laws can be challenging for both employers and employees. Engaging a seasoned employment and labor attorney can be crucial in ensuring you’re both compliant and protected. Knowing which questions to pose can make all the difference in the quality of advice and representation you receive. Here are four essential questions to ask your employment and labor attorney.
Firstly, inquire about their experience and area of expertise: You want to know how long they have been practicing employment and labor law. You also want to know what percentage of their practice is dedicated to employment and labor law. Given the intricacies involved in employment law, it’s crucial to have an attorney who specializes in this area. Furthermore, with labor and employment class actions jumping approximately 10% between 2023 and 2024, according to Reuters, you’ll want an attorney well-versed in handling complex litigation.
It’s important to confirm your attorney’s success rate in cases similar to yours and to learn how they typically handle employment disputes. This will give you insight into their problem-solving skills and whether their methods align with your expectations. Whether it’s through negotiation, mediation, or litigation, understanding their strategy can help you gauge their potential effectiveness.
Another important question to ask is how they stay updated on the latest developments in employment and labor laws. Laws and regulations in this area are constantly evolving, and an attorney who stays current with legal trends is better positioned to offer relevant advice. For instance, recent trends in class action litigation emphasize the need for constant vigilance and proactive measures in managing employment issues.
When working with an employment and labor attorney, consistent communication is crucial. Ask your attorney how they plan to keep you updated on your case’s progress. Clarify how often you can expect these updates and whether there will be a primary point of contact handling your case. Understanding the communication process can help you stay informed and reduce anxiety throughout the legal process.
Asking the right questions when selecting an employment and labor attorney can ensure you receive competent legal advice tailored to your specific situation. From understanding their experience and approach to staying current with legal changes, these questions can help you make an informed decision. Get in touch with Trimboli & Prusinowski, LLC today for legal assistance you can bank on.
The National Labor Relations Board has taken a troubling position on facially neutral employment policies.
Section 7 of the National Labor Relations Act guarantees workers the right to “self-organization, to form, join, or assist labor organizations, to bargain collectively…, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Employers may not prohibit employees from engaging in such “collective activity” or adopt rules that have a “chilling effect” on collective activity. Work rules that expressly interfere with collective activity are clearly unlawful. But what about facially neutral work rules that may have an impact on collective activity? How is the employer’s right to manage its business balanced against the employees’ right to engage in such activity?
This is an issue on which the Board has taken vacillating positions, alternating between employer-friendly and employee-friendly approaches. The pendulum has now swung back to “employee-friendly.” An employer must show that its facially neutral work rules “advance a legitimate and substantial business interest” and are narrowly tailored to achieve the employer’s objective. Notably, when considering claims under this framework, the Board will now assess whether the challenged rule has a reasonable tendency to chill employees from exercising their Section 7 rights from the perspective of an employee who is economically dependent on the employer, who contemplates Section 7 activity, but who wishes to avoid the risk of being disciplined or discharged for violating the challenged rule.
Under this standard, the Board has deemed rules prohibiting “disrespect toward supervision” and “dishonesty or falsification of any company records” to have an unlawful chilling effect, as have rules prohibiting obscene or abusive language, prohibiting employees from restricting production, and prohibiting unauthorized use of telephones. A NLRB Administrative Law Judge recently held that Starbuck’s policies stating that “[employees] are expected to communicate with other [employees] and customers in a respectful manner at all times,” and that “[w]e treat each other with dignity and respect” were unlawful.
The employer may defend a policy by showing that the policy “advances a legitimate and substantial business interest” that cannot be advanced with a more narrowly tailored rule. This is a very difficult standard to meet. No categories of policies are considered presumptively valid. Each employment policy must be analyzed on a case-by-case, fact-specific basis.
The right to engage in “collective activity” is not limited to unionized employers. All business owners and non-profits are subject to NLRB rulings pertaining to “collective activity” even if their workers are not unionized or not seeking to unionize.
Employers must review their personnel policies to assure compliance with the new NLRB standards. Contact Trimboli & Prusinowski at 973-660-1095 to schedule a consultation.
