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Employer Takeaway: Employment handbook provisions restricting the content or method of employees’ communications with co-workers about their employment may constitute an unfair labor practice. Employers should review these policies to ensure that they cannot be interpreted as restricting the ability of employees to discuss the terms and conditions of employment. Any restrictive provisions should be connected to a business justification and be tailored to address that justification.
On July 16, 2015, the U.S. Department of Labor (DOL) Wage & Hour Division Administrator issued “Administrator’s Interpretation 2015-1” (AI) on the application of the Fair Labor Standards Act (FLSA) for identification of workers who are misclassified as independent contractors.