Labor Law Review

In our HR Compliance Review Program, we offer an affordable proactive approach to managing employer risk. Our approach to compliance reviews combines our legal expertise and perspective with a practical business viewpoint. We candidly review the strengths and weaknesses of your current practices and policies, identify any risk areas, and provide constructive recommendations.  Each compliance review in our series is offered at a customized flat rate.

Although private sector unionization rates are down, organized labor is aggressively trying to turn that trend around. Employees tend to be most receptive to unions when there is distrust of management. Lack of management responsiveness or communication, and issues with personal safety, job stability, disrespectful treatment by supervisors, or the company’s complaint process can unite employees against their employer as much or more than dissatisfaction with wages and benefits. By the time employees start to talk about wanting a union, it may be too late to prevent unionization, as the National Labor Relations Act (NLRA) severely restricts employer activity in the context of employee organizational efforts. Moreover, defending against a union’s organizational campaign is, in itself, very time-consuming and expensive. The key to avoiding the high costs of unionization and union organizing efforts is to detect and address employee concerns early and often.

The Labor Law Review is a broad-based evaluation of your company’s vulnerability to union organizing that looks at your labor-management relations, employee satisfaction, and employment policies. The review identifies potential sources of vulnerability and strategies for minimizing risk.

A standard review will typically include some or all of the following:

  • A pre-audit consultation. We will consult with you to learn from you about your employee relations and potential risks so that we can customize an appropriate review
  • A policy review. We examine your key employment policies, including those on solicitation, social media, email/ communication, fraternization, employment-at-will and confidentiality to identify your prospects for reducing the risk that your company is found at a critical time to be in violation of the federal labor law by maintaining unlawful policies or enforcing lawful policies in unlawful ways. We then provide recommendations for any necessary corrections and can draft revisions as well as suggest additional policies that may be helpful in this context
  • An employee engagement survey. We help coordinate an employee satisfaction survey appropriate to your needs, either by partnering with an outside vendor or through an informal, internal survey. We then analyze the results, as well as your company’s current mechanisms for dealing with employee feedback or complaints, and provide a report detailing our findings and our recommendations on strategies for preventing and withstanding union organizing efforts
  • A post-review management meeting. We discuss our findings, any concerns that came up, and any recommended action with you and your key managers
  • Management training. We can train your management team on how to detect and respond to signs of employee discontent and organization efforts. We can also provide general management training in areas critical to preventing labor relations problems such as discipline, enforcing company policies, and maintaining open, positive lines of communication

To learn more about this program, contact Mark Mathison at 612.632.3247 or or any Labor Law Team member.