News & Analysis as of September 20, 2024

Retaliation

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 3/29/2024

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

First Circuit Upholds Employee's Right to Publicly Complain About Working Conditions

Parker Poe Adams & Bernstein LLP on 6/25/2021

Section 7 of the National Labor Relations Act protects the rights of employees to engage in “concerted activity,” regardless of whether they are members of a union. Concerted activity means two or more employees working...more

The Insidious Deception That Is "Employment At Will"

Constangy, Brooks, Smith & Prophete, LLP on 5/28/2021

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on 10/30/2019

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

Littler on 5/29/2019

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Employee’s Vulgar Comment To Manager During Staff Meeting Was Not Protected Under The NLRA

Seyfarth Shaw LLP on 5/31/2018

The ALJ found that the employer did not violate the Act where it terminated an employee for using vulgar language during a staff meeting in efforts to undermine the general manager’s managerial authority....more

Treating the Cause, Not the Symptom: How to Avoid 10 Employment-Related Liabilities in the Health Care Industry

Williams Mullen on 5/23/2018

Companies of all shapes and sizes continually grapple with how to foster and maintain a productive, respectful work environment. Part and parcel of this objective is ensuring that the workplace complies with the various...more

NLRB Finds Cocktail Waitress Was Illegally Fired For Voicing Workplace Complaints

Seyfarth Shaw LLP on 5/3/2018

Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a cocktail bar waitress was illegally fired for voicing workplace concerns during a staff meeting....more

Dear Littler: Can We Discipline An Employee Who "Took a Knee" During the Anthem?

Littler on 10/4/2017

Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

Fisher Phillips on 9/8/2017

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

Parker Poe Adams & Bernstein LLP on 8/23/2017

Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more

Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge Verdict

Burr & Forman on 5/16/2017

On May 11, 2017, a federal jury in Charlotte, North Carolina awarded a former fire department employee, Crystal Eschert, a $1.5 million verdict in a retaliatory discharge lawsuit that teaches powerful lessons in today’s...more

Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother Fer” and “F...

Seyfarth Shaw LLP on 5/1/2017

Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee....more

NJ Court Rules That Unemployment Benefits Do Not Offset Back Pay Awards

Seyfarth Shaw LLP on 3/10/2017

Seyfarth Synopsis: New Jersey’s Appellate Division determined that an award of unemployment compensation benefits will not offset an award of back pay in cases brought under the New Jersey Law Against Discrimination. ...more

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

FordHarrison on 8/18/2016

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

Holland & Knight LLP on 3/31/2016

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

Encouraging Employee Complaints. Yes, We’re Serious.

Zelle LLP on 2/26/2016

Last Friday, a Yelp employee posted an open letter to her CEO, describing how her customer service job in San Francisco does not pay enough to allow her to buy groceries or see a doctor. Within 24 hours of posting the letter...more

OFCCP Publishes Final Rule on Pay Transparency

FordHarrison on 9/14/2015

The Office of Federal Contract Compliance Programs (OFCCP) has published a final rule implementing President Obama's executive order prohibiting federal contractors from retaliating against employees for discussing or...more

Be Careful What You Say: Allegations Of Worker Misconduct Might Be Defamation

Fisher Phillips on 8/12/2015

Healthcare institutions have a moral and legal obligation to promote patient safety as an essential component of patient care. Supervisors and managers must be supportive of their staffs while remaining vigilant about the...more

Employment Law -- Jul 03, 2013

Manatt, Phelps & Phillips, LLP on 7/5/2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

Twitter: Employee Who Complained about Sexual Harassment via Twitter Fired

Mintz - Employment, Labor & Benefits... on 4/9/2013

Adria Richards is a self-described “endlessly enthusiastic technology evangelist.” While attending a large technology conference in Santa Clara, California, Ms. Richards overheard two men sitting behind her making a series...more

Sixth Circuit Rules Employers Can Avoid Fiascos Like Romney’s “47%” Recording by Banning Secret Recordings in the Workplace

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/18/2013

With President Obama’s inauguration next week, I am reminded of the surreptitious recording that played a significant role in the final weeks of his campaign last year—the infamous “47%” recording. Secret recordings can have...more

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