While no one knows exactly how Donald Trump’s election as President will impact labor and employment laws in the country, it is a safe bet that there will be changes. Because Trump was virtually silent on the campaign trail regarding the specifics of any employment law policies, we are left to speculate on any upcoming changes.  We provide a brief overview of our best educated guesses on what changes could be in store given the election results.  Given Trump’s position on government enforcement and his pro-business stance, there is an expectation of changes to several employment-related laws.
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Earlier this month, the National Labor Relations Board issued a memorandum announcing the steps it will take to report complaints alleged against federal contractor employers in order to comply with the Fair Pay and Safe Workplaces Executive Order 13673.  In doing so, the NLRB became the first government agency to implement reporting procedures under the Executive Order, though regulations have not been finalized.  Noteworthy, it appears the NLRB will use the Executive Order’s reporting requirements as a pressure point to further encourage the early settlement of complaints filed against companies.  While it remains to be seen exactly how the Executive Order’s “blacklisting” procedures will impact federal contractors, it is important that companies understand the potential impact of the Executive Order and the planned procedures of the various administrative agencies, including the NLRB, to comply with the Executive Order.
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There has been no slow down to the National Labor Relations Board’s attention to employer handbook policies that purportedly can discourage “protected concerted activity.”  We previously suggested five handbook provisions to update, but the continuous wave of Board decisions has expanded what language the NLRB considers to have a “chilling” effect on employees exercising their Section 7 rights to communicate about their wages, hours, and other terms and conditions of employment.  As with our previous post, this is true even for employers without a unionized workforce.  In light of the Board’s continued focus, the following handbook policies may deserve another look:
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On August 27, in a highly anticipated decision, the National Labor Relations Board adopted a new joint employer standard, dramatically changing and expanding the long-held standard previously in use. Regardless of whether your workforce is unionized or not, this new standard has far-reaching implications.
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The National Labor Relations Board’s aggressive scrutiny of employer handbook policies does not appear to be coming to an end any time soon.  As such, employers (even those without unionized workforces) should ensure their policies are free from language that may discourage employees from exercising their rights under Section 7 of the National Labor Relations Act to engage in “protected concerted activity.”

While the NLRB General Counsel’s recent memorandum provides various examples of lawful and unlawful handbook provisions, the rationale provided for finding certain provisions acceptable or unacceptable is not always clear.  Regardless of any confusion cleared up (or caused) by the memo, the following five provisions are a good place to start when reviewing your employee handbook:
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