News & Analysis as of

Employer Liability Issues General Motors

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

BakerHostetler

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

BakerHostetler on

In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more

Littler

Eleventh Circuit Holds FLSA Administrative Exemption Applies to Business Development Managers Who Drove Business to Car...

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On April 1, 2022, the U.S. Court of Appeals for the Eleventh Circuit, in Brown v. Nexus Business Solutions, LLC affirmed a district court’s decision that business development managers who solicited and sold General Motors...more

Vinson & Elkins LLP

¿Qué podemos hacer?: U.S. Employers with Mexican Operations Want to Know

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After my previous blog post regarding recent labor enforcement actions taken under the U.S.-Mexico-Canada Agreement (“USMCA”) impacting U.S. companies with facilities or subsidiaries in Mexico, I received questions regarding...more

Akerman LLP - HR Defense

Common Sense Finally Prevails: Employers No Longer have to Tolerate Abusive and Offensive Conduct in the Workplace

Your employee has just cursed at you, calling you every racist and/or sexist name in the book. Naturally, that employee must go! Just as you are ready to sign off on the termination, a thought occurs to you: “Uh-oh. He was...more

Robins Kaplan LLP

Financial Daily Dose 8.13.2020 | Top Story: Uber and Lyft Warn Gig-Worker Ruling Could Push Them Out of California

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Ride-hailing companies Uber and Lyft are warning that California’s new moves forcing them to classify their drivers as employees could force them both to shutter their operations altogether in that state (at least while they...more

Stinson LLP

NLRB Updates Framework for Analyzing Discipline Based on Offensive Conduct or Behavior

Stinson LLP on

In its recent General Motors LLC decision, the National Labor Relations Board fundamentally changed its framework for deciding whether employees engaging in offensive conduct or behavior are protected by Section 7 of the...more

Holland & Knight LLP

NLRB Restores Civility to Workplace

Holland & Knight LLP on

In General Motors LLC, the National Labor Relations Board (NLRB) departed from recent cases condoning abusive employee behavior when accompanied by protected activity. (See previous Holland & Knight alert, "Recent NLRB...more

Kramer Levin Naftalis & Frankel LLP

Offensive Employee Outbursts Are Not Protected Activity Under the NLRA

A recent decision by the National Labor Relations Board (NLRB or Board) has modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB’s New Decision Cuts Ties Between Abusive Conduct in the Workplace and Protected Conduct

On July 21, 2020, the National Labor Relations Board issued its decision in General Motors LLC, 369 NLRB No. 127 (2020), overruling decades of precedent granting employees considerable freedom to engage in abusive or...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

Foley Hoag LLP

NLRB Makes It Easier to Discipline Employees for Abusive Conduct

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On July 21, 2020, the National Labor Relations Board simplified its legal standard for determining whether an employer violates the National Labor Relations Act when it disciplines employees for engaging in abusive conduct...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

Ballard Spahr LLP

NLRB Adopts Wright-Line Standard in Deciding Whether Employee Outbursts Constitute Protected Activity

Ballard Spahr LLP on

The National Labor Relations Board (NLRB) issued its decision in General Motors, LLC and Charles Robinson yesterday (July 21, 2020), providing additional certainty to employers seeking to discipline employees for abusive or...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

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – May 2020 #3

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In Washington: Administration officials said that they plan to wind down the coronavirus task force at the end of May and shift management of the public health response back to the federal agencies....more

Robins Kaplan LLP

Financial Daily Dose 1.13.2020 | Top Story: Labor Dept. Issues Stricter Joint Employer Test in New Rules

Robins Kaplan LLP on

Sunday’s release of a long-awaited Labor Department final rule on joint employment spells trouble for workers hoping to “sue large companies for wrongdoing by contractors or franchisees.” The rule reverses Obama-era policies...more

Parker Poe Adams & Bernstein LLP

Federal Courts Uphold Employer Notification Requirements for FMLA Absences

In its last round of Family and Medical Leave Act rule revisions, the Department of Labor recognized employers’ rights to establish notice procedures for employees who need to miss work due to intermittent and other legally...more

Fisher Phillips

An Employer’s New Year Resolution: Pay Attention To Pay Equity In 2017

Fisher Phillips on

We are not yet through the first month of the New Year, but pay equity lawsuits have already dealt a one-two punch to employers: “one” being a million-dollar settlement between a legal and business research company and its...more

Fisher Phillips

Failure Is Not An Option

Fisher Phillips on

When it comes to a dealership’s legal liability for employment-related problems, the basis of the liability generally falls into two categories – actions the dealership took and those it failed to take. When it comes to big...more

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