NLRB Predictions for 2024 + How to Deliver a Performance Improvement Plan If A Medical Condition is Involved

While We Were Working: Human Resources Advice and Workplace Tech Insights for The HR Practitioner Community

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