Adam Santucci

Adam Santucci

McNees Wallace & Nurick LLC

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The National Labor Relations Board 2016 Year in Review – Whitepaper

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more

2/21/2017 - ALJ Appeals Arbitration Charter Schools Corporate Counsel DOL Email Employer Liability Issues Joint Employers NLRB Non-Compete Agreements Persuader Rules Popular Right to Strike Trump Administration Unions Young Lawyers

Three Workplace Trends that will Impact your Bottom Line in 2017

Employers in the food and beverage industry face countless and ever increasing regulatory challenges, including food safety and handling, labeling, distribution requirements, and on and on. Regulatory compliance often has an...more

10/28/2016 - FLSA Minimum Wage Non-Compete Agreements Non-Solicitation Agreements Over-Time Tip-Pooling Wage and Hour

NLRB Raises Price of College Tuition

In yet another reversal of precedent, the National Labor Relations Board has ruled that students who perform work for a university for which they are compensated can form and join labor unions under the National Labor...more

9/1/2016 - Brown University Collective Bargaining Colleges Columbia University Educational Institutions Graduate Students NLRA NLRB Student Employees Teaching Assistants Tuition Unions Universities

To Enforce a Call-off Policy or Not to Enforce a Call-off Policy; that is the Question

Recently you’ve noticed that an employee takes FMLA-covered leave the same week every year or always seems to have a medical emergency between Thanksgiving and January 1. Similarly, another employee regularly calls out of...more

7/11/2016 - FMLA Hiring & Firing Paid Leave Policies and Procedures Sick Leave Termination Wage and Hour

Deflategate Update

An appeals court recently reinstated the four game suspension issued to Tom Brady by the National Football League. The Patriots quarterback previously had his four game suspension reversed by the United States District Court...more

5/11/2016 - Arbitration Deflategate Football New England Patriots NFL Tom Brady Work Suspensions

The Defend Trade Secrets Act: Coming To A Federal Court Near You; The Federalizing Of Trade Secret And Post-Employment Conduct...

On April 27, 2016, the United States House of Representatives voted 410-2 to approve the proposed Defend Trade Secrets Act (DTSA). The vote follows the Senate’s unanimous approval of the bill. President Obama has stated that...more

5/3/2016 - Asset Seizure Confidential Information Defend Trade Secrets Act (DTSA) Ex Parte Intellectual Property Protection Misappropriation Pending Legislation Private Right of Action Trade Secrets

The National Labor Relations Board 2015 Year in Review - An Overview of Major Developments in Labor Law

To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the...more

2/4/2016 - Arbitration Agreements College Athletes Corporate Counsel Fair Share Law Internal Investigations Joint Employers NLRA NLRB NLRB General Counsel Northwestern University Protected Concerted Activity Quickie Election Rules SCOTUS Unions Young Lawyers

UPDATE: Employee Tip Pooling – Don’t Say We Didn’t Warn You!

We have talked with you in the past about the risks of allowing employees to pool or share tips. This is a pretty common practice in the food service industry, but there can be concerns because of the complexity of compliance...more

12/22/2015 - FLSA Restaurant Industry Tipped Employees Tips Wage and Hour

Deflategate: Four Games and Four Lessons for Unionized Employers

This week would have marked the return of Tom Brady, had his four game suspension not been reversed by the United States District Court for the Southern District of New York. Much ink has been spilled over Brady’s suspension...more

10/7/2015 - Deflategate Disciplinary Proceedings Due Process Enforcement Actions Football Internal Investigations New England Patriots NFL Sports Tom Brady Unions Willful Misconduct

Ingles Solamente Reglas

English-only rules are not as common as they once were, but many employers still require employees to speak English only in the workplace. Justifications for these rules vary, but the Equal Employment Opportunity Commission...more

9/16/2015 - ALJ Confidentiality Policies EEOC Employee Handbooks English-Only Rules Hospitals Internal Investigations NLRA NLRB Protected Activity

Still Waiting for Those New Proposed FLSA Overtime Regulations

You may recall that over a year ago, President Obama directed the Secretary of Labor to “modernize and streamline” the existing Fair Labor Standards Act (FLSA) overtime regulations, specifically with respect to the “white...more

3/30/2015 - DOL Exempt-Employees FLSA Non-Exempt Employees Wage and Hour White-Collar Exemptions

NLRB GC Release Report Offering Employers Guidance on Handbook Policies

The National Labor Relations Board’s Office of General Counsel recently released a Report of the General Counsel Concerning Employer Rules, which is apparently designed to offer guidance to employers regarding workplace...more

3/23/2015 - Employee Handbooks New Guidance NLRB

ADA Claim Brought by Claustrophobic Attorney Allowed to Proceed

When the Americans with Disabilities Act definition of "disability" was expanded by the ADA Amendments Act of 2008, we told you to expect an increase in accommodation requests and disability discrimination claims. Many of you...more

3/2/2015 - ADA Corporate Counsel Disability Discrimination Employer Liability Issues Reasonable Accommodation

Board Continues Aggressive Policing of Employee Social Media Use

Stop me if you heard this one: the National Labor Relations Board recently reinstated employees who were discharged for comments made on their Facebook pages and found that the employer's social media policy was unlawful....more

10/28/2014 - Employer Liability Issues Employment Policies Facebook NLRB Social Media Social Media Policy

NLRB Modifies Standard Remedial Notice to Include QR Code and Link to Board's Web Site

The National Labor Relations Board recently took the opportunity, in a case dating back to 2011, to update and modernize some of the standard language contained in the remedial notice that the Board requires to be posted as a...more

10/23/2014 - Employee Rights NLRA NLRB

Screaming Profanities and Threatening the Boss Not Enough to Get You Fired According to NLRB

Yep, that's right. The employee's outburst is too obscene to reproduce on the Blog. Suffice to say that the employee, who was employed for only about two months: (1) called the owner of the company a crook and a number of...more

8/8/2014 - Employee Rights Employer Liability Issues Hiring & Firing NLRB Obscenity

UPDATE: Still No Love for No Gossip Policy

We previously reported that a National Labor Relations Board Administrative Law Judge found that an employer violated the National Labor Relations Act by implementing a "no gossip" policy and firing an employee who violated...more

8/4/2014 - Employer Liability Issues Employment Policies Hiring & Firing NLRB

FAIL: Union Argues Arbitration Panel Should Ignore Public Employers' Ability to Pay

Yeah, I know, crazy right? Here is the story. Apparently the Union did not think so. When the American Federation of State, County and Municipal Employees ("Union") and the City of Philadelphia ("City") could not reach terms...more

7/17/2014 - Arbitration Collective Bargaining Mandatory Arbitration Clauses Municipalities Unions

Fair Share Fees Unconstitutional in the Public Sector? Not So Fast

The United States Supreme Court has been issuing employment-law related decisions like a boss over the past week or so. Many observers thought that the Court's decision in Harris v. Quinn, a case examining the...more

7/7/2014 - Corporate Counsel Fair Share Law Harris v Quinn Health Care Providers Healthcare Physicians SCOTUS Unions

NLRB Continues to Throw Up Roadblocks for Internal Investigations

As we previously reported, the National Labor Relations Board has thrown down some pretty significant roadblocks for employers attempting to conduct thorough and actionable internal investigations. The Board continued those...more

6/24/2014 - Internal Investigations Investigations NLRA NLRB

NLRB Upholds Discharge for Deliberate Betrayal, Despite Reliance on Unlawful Policy

The National Labor Relations Board recently issued a somewhat surprising decision that provides useful guidance to employers facing employee misconduct. In Flex Frac Logistics, LLC, the Board found that an employee's...more

6/13/2014 - Administrative Hearings Adverse Employment Action Confidential Information Confidentiality Policies Employment Policies Flex Frac Hiring & Firing NLRB Termination Willful Misconduct

Pregnancy Accommodation Laws Abound

You may recall that we reported that United States Senator Bob Casey (D-PA) introduced the Pregnant Workers Fairness Act, which would adopt the reasonable accommodation framework of the Americans with Disabilities Act for...more

2/21/2014 - Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

The National Labor Relations Board 2013 Year in Review - An Overview of the Board’s Significant Actions

Introduction - From the looks of it, 2013 was a very rough year for the National Labor Relations Board (Board)! Last year, we reported that the Board would face some serious legal battles in 2013. Some of those...more

2/19/2014 - Canning v NLRB Compliance Enforcement Enforcement Actions NLRA NLRB

No Love For No Gossip Policy

A National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) recently concluded that an employer violated the National Labor Relations Act (Act) by implementing a "no gossip policy" and by firing an employee who...more

1/10/2014 - Compliance Employer Liability Issues NLRA NLRB Termination

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