In this episode, Joey and Summer discuss the Fisher Phillips Labor Board highlights for the new year. They cover topics such as work rules, limitations on non-competes, planning for AI advancements, responding to union recognition demands, and sharing information and increased enforcement. In the Consultants’ Corner segment, they provide guidance on how to handle a sensitive situation where an employee discloses a medical condition after being given a performance improvement plan.

Takeaways

• Employers should review their policies and handbooks to ensure they do not interfere with employees’ Section 7 rights.


• There are increased limitations on non-compete agreements, and employers should ensure they are in compliance.


• Employers should plan for advancements in AI and be aware of workplace surveillance and algorithmic management technologies.


• Employers should be prepared to respond to union recognition demands and engage in conversations with employees about unionization.


• Employers should be aware of increased information sharing and enforcement efforts between government agencies.


• When handling a sensitive situation where an employee discloses a medical condition after receiving a performance improvement plan, employers should have a conversation with the employee, review their obligations for reasonable accommodations, and document the process.

Chapters

00:00 Introduction and Retreat

02:34 Fisher Phillips Labor Board Highlights

09:14 Limitations on Non-Competes

13:42 Planning for AI Advancements

17:00 Responding to Union Recognition Demands

19:45 Sharing Information and Increased Enforcement

22:59 Consultants’ Corner: Handling Medically Sensitive Performance Improvement Plans