b'LEGALLY SPEAKING CSIA 23T heNLRBregulatesprivatesectorvile, disturbing, racist, sexist and insulting attacks. workplacesunion and non-union alike. ItEmployers are now left wondering how to maintain is attempting to make numerous dramaticpeace and civility in their workplaces and escape changes on how employers much conductclaimsofharassmentanddiscriminationasthe themselves.Herearesomeofthechangesyoufourletterwordsandthreatsfly.Employers need to know to avoid costly claims.nowmuchproceedcautiouslywhendisciplining disruptiveemployeesforconductpreviously Non-Competes in Employmentconsidered unacceptable in the workplacecontext Agreements to End now counts! The head attorney for theElectronicMonitoringofEmployeesand NLRB, Jennifer Abruzzo,Workplaces Presumed to Violate the Lawhas issued Memorandum GC 23-08 contendingTheNLRBsGeneralCounselhasalsoissued that most non-competeGCMemorandum23-02targetingemployers agreements, frequentlyuse of electronic monitoring technology and other used to protect businesses from having their currentsurveillance equipment which may have a tendency and former employees work for competitors, violateto interfere with employee rights. Most employers the National Labor Relations Act (NLRA). Thesenowhavecamerasinandaroundtheworkplace agreementsarelawfulinmoststatesandareand have GPS devices to track the movements of governed by state lawat least for now. But, Abruzzotheir employees and vehicles during the work dayasserts that non-competes violate federal law byall to protect the workplace and detect inappropriate discouraging employees from threatening to resignconduct. Throughout our daily lives, we are being to improve working conditions or to obtain othermonitoredwithalmosteverystepwetake.But, employment. While the NLRBs current position hastheNLRBGeneralCounselwouldoutlawcertain not yet been tested in litigation, it is soon to come.monitoring on the basis that such has a tendency In addition, President Biden has urged the Federalto violate employee rightsa chilling effectand Trade Commission to declare non-competes to be inshe is urging the NLRB to limit the use of these restraint of trade thereby violating federal anti-trustemployer tools and to require employers to discloseCENTRAL STATES INSULATION ASSOCIATIONlaws. Will your company be the first to be investigatedthe use of these technologies and the purpose for by the NLRB for attempting to enforce a non-competeusing them. Your company may be the first test agreement? case filed by the NLRB for having cameras in the workplace.Disturbing Employee Workplace Behavior and Remarks Now Permissible Independent Contractor Test ToughenedEmployers and fellow employees must now tolerateTheNLRBhasrevisedwhatittakestobean a variety of offensive rhetoric, behavior and abuseindependent contractor and has given itself much withoutrecourse.Totheextentthatthesethingslatitude in how to consider the various factors of occur during employee NLRA protected activities ofindependent-contractorNESSwhenmakinga speaking out regarding conditions of employment,ruling.ThecaseistheAtlanticOpera,Inc.,372 the NLRB has recently ruled that these employeesNLRB No. 95 (2023), and it determined that certain areprotectedfromdischargeorevendiscipline.workershavebeenmisclassifiedasindependent ThecaseisLionElastomersLLCII,372NLRBcontractors.Importantly,forthoseemployers No. 83 (2023), and it makes it much harder for anclassifying workers as independent contractors, the employer to protect itself and its employees fromNLRB now has deemphasized one of the traditional continuedon pg. 25csiaonline.org'