Labor Roundup: Developments Worth Watching

With state legislatures out of session, Congress focused on spending bills, and all eyes on the upcoming November elections, the workplace policy front has remained relatively quiet. 

Nevertheless, here are some developments worth keeping an eye on:

• Strike activity looms: An impending Atlantic and West Coast dockworkers strike could have serious economic effects and become a major campaign talking point for both Presidential candidates as part of their approaches to labor and economic policy.

• NLRB expands campaign against restrictive covenants: NLRB General Counsel Abruzzo is alleging that no-poach agreements violate federal labor law in a new Board case. Abruzzo has previously argued that non-compete agreements violate federal labor law. How the Board itself will rule on restrictive covenants remains unclear, but decisions are coming soon. 

• Meanwhile, the Board struck down yet another employer workplace policy, finding that a Starbucks violated labor law when it prohibited employees from placing union pins in a break room (even though management allowed the pins to be distributed in the parking lot and did not allow anything to be distributed in the break room).

Why it matters: The Board will continue to put employer workplace policies under the microscope, particularly if they impact union organizing activity – employers need to take extra care with how they structure and enforce work rules.