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Disciplinary Proceedings Employer Liability Issues

Littler

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

Littler on

On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more

Parker Poe Adams & Bernstein LLP

Time Management Policies Can Mitigate New Overtime Obligations

The first round of increases to minimum salaries required to claim the Fair Labor Standards Act’s white-collar overtime exemptions took effect July 1. Unless blocked by federal courts, the second, larger increase in the...more

Venable LLP

When Mental Health and Performance Management Collide

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Lisa, one of your team’s sales representatives, has been a consistent performer during her first year with the company. She has proven herself to be detail oriented, personable with clients, and willing to assist her team to...more

Parker Poe Adams & Bernstein LLP

Employee's PTSD Diagnosis May Excuse Violation of Disciplinary Policies

The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more

Sheppard Mullin Richter & Hampton LLP

…But Words Will Never Harm Us? The NLRB Restores Precedent Protecting Abusive Workplace Speech by Employees While They Are Engaged...

In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more

Davis Wright Tremaine LLP

NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts

Lion Elastomers Revives a "Setting-Specific" Standard That Is Again Likely to Lead to Arbitrary Results and Conflicting Obligations Under Various Statutes - After the National Labor Relations Board's recent decision in...more

McNees Wallace & Nurick LLC

When Assessing the Propriety of Employee Discipline, One Size No Longer Fits All

Now more than ever, it seems that employees are willing to express themselves. While open communication with and among employees is usually a good thing, sometimes an employer’s rules are broken in the process. A worker...more

Pullman & Comley - Labor, Employment and...

Disciplining Employees for Offensive Private Speech: Connecticut Employers Must Show Workplace Disruption

Employers in Connecticut need to be aware that Connecticut law makes the free speech provisions of both the First Amendment to the United States Constitution and those of the Connecticut Constitution applicable to...more

Burr & Forman

Employee Handbook or Employment Contract? The Alabama Supreme Court Holds Employee Handbooks Can Create Contractual Liability...

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Despite a disclaimer, the Alabama Supreme Court held the City of Montevallo’s Employee Handbook created a contract with employees that placed additional obligations on the City before it could terminate employees....more

Parker Poe Adams & Bernstein LLP

Demote an Employee After a Positive Performance Review? Federal Appeals Court Says Not So Fast

Although it seems counterintuitive, we regularly run across situations where clients want to fire or demote an employee who recently received a promotion, stellar performance review, or some other kind of reward for good...more

Foley & Lardner LLP

Employer Retaliation Refresher In Light Of EEOC Virus Update

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The U.S. Equal Employment Opportunity Commission's COVID-19 technical guidance was first published in March 2020 and has been periodically updated throughout the pandemic to address new issues such as vaccine mandates. ...more

Ward and Smith, P.A.

To North Carolina Governmental Employers: Heads-Up – "Unreasonable Employee Discipline" Can Now Get You Sued

Ward and Smith, P.A. on

No good deed goes unpunished - Little did City of Durham Police Sergeant Michael Mole' know, in his first crack at negotiating on his own the surrender of an armed and barricaded suspect, that he would be fired because he...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 4

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Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. However, those bygone times have been replaced by a modern...more

Bodman

Workplace Law Lowdown | Court’s Reminder to Employers: Be Consistent with Similarly-Situated Employees

Bodman on

When evaluating employee discipline or termination, there are a number of factors to consider: Did the employee have notice of the policy or rule he allegedly violated?...more

FordHarrison

Cruella at Work: How to Eradicate Toxic Managers from Your Business

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With the Memorial Day holiday weekend came the release of Disney’s next sure-to-be blockbuster movie, Cruella. Based on the classic animated film 101 Dalmatians, Cruella tells the story of Cruella de Vil, the evil...more

Blank Rome LLP

Riots and Pandemics: Can an Employer Discipline or Terminate Employees Who Participate in Political Rallies Outside of Work?

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The change in administrations has released a flood of protestors, some of whom have engaged in violent acts, while at the same time creating potential COVID-19 “super-spreader” events in the workplace. How should—and...more

Pullman & Comley - Labor, Employment and...

Speak No Evil: The NLRB Drops “Setting-Specific” Standards for Cases Involving Abusive Employee Speech Made in the Course of...

The Trump-era National Labor Relations Board has struck again.  On July 21, 2020 in General Motors LLC, 14-CA-197985, 369 NLRB No. 127 (2020), the NLRB overruled longstanding precedent and rejected “setting-specific”...more

Morgan Lewis

NLRB Limits Protection Given to Abusive, Profane, or Offensive Workplace Conduct

Morgan Lewis on

The National Labor Relations Board has finally abandoned its problematic standard around the discipline and discharge of employees who engage in abusive conduct in connection with protected concerted activity. On July 21, the...more

Epstein Becker & Green

The Board Brings the NLRA Into the Modern Era of Discipline for Abusive Conduct, and Union Leaders Lament “Guys Like Us, We Had It...

Epstein Becker & Green on

On Tuesday, the three-member, all Republican, National Labor Relations Board (the “Board”) issued a 3-0 decision in General Motors LLC and Charles Robinson, 369 NLRB No. 127 (July 21, 2020)...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - July 2020 #4

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NLRB Decision Gives Employers More Leeway to Discipline Employees for Offensive Speech.  Traditionally, the National Labor Relations Act protected offensive or even abusive speech by employees when the worker is involved in...more

McNees Wallace & Nurick LLC

NLRB Adopts Single Rule to Evaluate Employee Misconduct

The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has...more

Seyfarth Shaw LLP

What To Do When Employee Misconduct And Protected Activity Collide?

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Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more

Jaburg Wilk

Top 10 Mistakes in Arizona Employee Handbooks

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As an employment law attorney, I am frequently asked to review or prepare employer handbooks. Some of the most common mistakes or omissions that I see can create real problems for Arizona employers. The following are the top...more

FordHarrison

Cedar Rapids: When Business Conference Debauchery Ensues

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Anytime employees are sent on business trips, they represent the company. Often, the sanctity of that responsibility is preserved. Other times, it is not. Today’s column takes a look at a film that heavily follows the latter...more

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