News & Analysis as of

Employment Law Commentary - Volume 27, Issue 8, September 2015

The NLRB’s Decision In Browning-Ferris Industries Of California (2015) One Month Later: Is The Sky Falling For Employers? - The short answer to the question is, “Not yet.” Browning-Ferris Industries of California, Inc....more

Illinois Appellate Court Decisions Addresses Important Student Discipline and Employment Issues for Public Schools

Earlier this month, the Illinois Appellate Court (First District) issued an opinion addressing a number of important student discipline and executive employment issues. Because the Appellate Court agreed with the trial court...more

NLRB Says Employer Cannot Suspend Employee for Posting Disciplinary Warning

Over the past several years, EmployNews has reported on dozens of National Labor Relations Board cases expanding the concept of employee rights in even non-unionized workplaces. Earlier this month, the NLRB added to this list...more

D.C. Circuit Releases Employer From NLRB Jail

We have frequently commented on the National Labor Relations Board’s (NLRB) expansion and creation of sweeping protections to employees engaging in union organizing and other activities protected under the National Labor...more

Texts, Lies and Footballs: Tom Brady, “Deflategate,” and What’s Next?

Since we last discussed “Deflategate,” New England Patriots Quarterback Tom Brady appealed his four-game suspension resulting from the NFL’s finding that he had committed “conduct detrimental to the league,” based on 1) his...more

The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified”...

The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers.  The Court held that an employee who makes “serious and credible threats of violence...more

AT&T “Prisoners” Can’t Escape Common Sense: D.C. Circuit Shackles NLRB T-shirt Decision

In a refreshing decision for employers, the D.C. Circuit Court of Appeals earlier this month tossed an eyebrow-raising NLRB decision which permitted AT&T customer-facing and publicly visible technicians to wear faux prison...more

The legality of employee strike action

Welcome to Reed Smith’s Monthly Global Employment Law blog post. This month’s post covers the legality of employee strikes in five key jurisdictions: France, Germany, Hong Kong, the UK and the United States. France...more

Disciplinary Investigations of Employees – Three Names to Know

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

If You Can't Fire A Teacher For Criticizing Management, Who Can You Fire?

Most school administrators would be shocked to learn that the National Labor Relations Board (NLRB) could, in some circumstances, find that their school engaged in an unfair labor practice for disciplining or terminating an...more

Tinley Park Hotel and Convention Center: The NLRB Gets Out Its Selfie Stick

Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly broad” under Section 7...more

Parental Right to Spank Upheld

Hi there, As a parent and grandparent I have long felt it was a necessary right of parents to swat their kids on the behind occasionally. Swift justice often makes the most impact....more

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

Lessons For The NFL And Employers From “Deflategate”

To begin with, full disclosure: I am a lifelong New England Patriots fan (and season ticket holder). However, as an attorney I am trained to be objective. The aftermath of the “Deflategate” investigation should be of...more

Colorado Employers Handed Medical Marijuana Victory

On June 15, 2015, the Colorado Supreme Court held in a unanimous decision that employers are still free to prohibit employee marijuana use in their workforces, and can still discipline and terminate employees who test...more


WTF already?! As in, “where’s the fairness?” Time for an acronym update from our favorite government acronym, the NLRB. You will certainly remember that we have recommended asking yourself three questions before determining...more

CAS Legal Mailbag Question of the Week – May 15, 2015

The “Legal Question of the Week” is a regular feature of the CAS Weekly NewsBlast. Readers are invited to submit short, law-related questions of practical concern to school administrators. Each week, CAS will select a...more

Episode 155-Mara Senn on FCPA Investigations and the Decision to Self-Disclose [Video]

In this episode I visit with Mara Senn, a partner at Arnold & Porter on how to think through a FCPA investigation and she provides a decision making calculus on how to make a decision...more

“Classic bullying” in company washroom, “which is the traditional hang out of bullies”, lands employee three-day suspension

A 6’2', 300-lb employee’s hostile, intimidating comment to a smaller co-worker in the company washroom was just cause for a three-day suspension, an arbitrator has decided. The evidence was that the suspended employee said,...more

When Reviewing a Reinstatement Decision by an Arbitrator, Consider Over a Dozen Factors

If you like getting lost on roads with your head spinning on which way to go, this is your post. (Everyone else, well, try to keep up.) I recap a case for companies with unions to pay attention to....more

Retaliation Claims Shouldn’t Be a Form of Job Security

I recently overheard a plaintiff’s employment lawyer quip that the best form of job security for an employee is to file a retaliation claim. While there may be some plausibility to that, it is certainly not a truism. There...more

Best Practices in Social Media for Employers Part 3 – Disciplining Employees for Conduct on Social Media

As discussed previously (see Best Practices in Social Media for Employers Part 2), adopting a National Labor Relations Act (NLRA)-compliant social media policy is the first step in ensuring that the policy can be enforced. ...more

U.S. Supreme Court Issues Landmark Ruling that Could Radically Change Employee Discipline

In a slip opinion released on Monday, March 9, 2015, styled Perez v. Mortgage Bankers Ass’n, No. 13-1041, slip op. (U.S. Mar. 9, 2015), the United States Supreme Court effectively gave federal agencies carte blanche to...more

Checklist to Keep Employee Discipline on a Legal Track

Employers walk a fine line when it comes to employee discipline: they must enforce their rules while also protecting employee rights. Target seems to have missed the mark recently—a lawsuit alleges an employee committed...more

The Ends Justify The Means: Ha v. Northwestern University and Responding to Sexual Harassment Under Title IX

The recent decision in Ha v. Northwestern University, reiterates the leeway educational institutions have under Title IX when crafting a response to claims of sexual harassment. The plaintiff in Ha alleged that in February...more

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