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The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums...

Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to...more

The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity

What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if...more

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

NLRB Empowers Employers to Discipline Employees for Abusive or Offensive Conduct

On July 21, 2020, the National Labor Relations Board (NLRB) (once again) modified its standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements,...more

Will That Sandwich Make You Sick? – 8th Circuit Holds NLRA Does Not Protect Disparaging Statements By Jimmy John’s Employees

On July 3rd, the 8th Circuit held that disparaging statements made by Jimmy John’s employees in a labor dispute were not entitled to National Labor Relations Act (“NLRA” or “The Act”) protections – because the actions were...more

Second Circuit Holds Pro-Union Sentiment Outweighs Impropriety of Profanity-Laden Rant Against Supervisor, His Mother, and “His...

Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision...more

Ninth Circuit Holds that Employees’ Waiver of All Forums for Class or Collective Action Violates NLRA

Employers who require employees to sign arbitration agreements as a condition of employment should take care: A split is developing among the federal appellate courts regarding the enforceability of so-called “concerted...more

Quirky Question #279: Concerted Activity in 140 Characters or Less

Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more

#Concerted Activity in 140 Characters or Less

Employees have increasingly voiced concerns on social media regarding their employment, often including specific statements about their employers. As previously discussed on this blog, an employee’s Facebook post related to...more

Quirky Question #269: Like it or Not – Facebook Post Protected Under the NLRA

Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload. Over the years, a number of my customers and my employees have “friended” me on Facebook. Last week, I saw that one of...more

NLRB Published Report Concerning Employee Handbook Rules and Policies

On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more

NLRB Report Concludes that Many Common Handbook Policies Violate NLRA

When employers hear “NLRB,” they immediately think “union.” This connection is understandable because, at least historically, the main focus of the National Labor Relations Board (the “NLRB”) has been union-related issues....more

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