News & Analysis as of

Hiring & Firing › Wrongful Termination › Unfair Labor Practices

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... more +
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 -
Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Issues Memos Calling for New Harsher Penalties for Unfair Labor Practice Violations

Sheppard Mullin Richter & Hampton LLP on

As we previously reported, the National Labor Relations Board (“NLRB” or the “Board”) has been undergoing a seismic change of direction. With two memoranda published September 8th and September 15th, NLRB General Counsel...more

Littler

NLRB Returns to Time-Honored Standard for Post-Arbitral Deferral

Littler on

The National Labor Relations Board recently overturned a decision issued in 2014 and returned to its time-honored standard for post-arbitral deferral in unfair labor practice cases alleging discipline or discharge in...more

Sheppard Mullin Richter & Hampton LLP

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

Sheppard Mullin Richter & Hampton LLP on

The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

Proskauer - Labor Relations Update

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

Proskauer - Labor Relations Update on

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

Ballard Spahr LLP

NLRB Revives Prior Standard on Arbitral Deference

Ballard Spahr LLP on

On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more

Sheppard Mullin Richter & Hampton LLP

An Employer’s Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The...

Sheppard Mullin Richter & Hampton LLP on

Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more

Proskauer - Labor Relations Update

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

Proskauer - Labor Relations Update on

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

Proskauer - Labor Relations Update

NLRB Settlements Can Be Tricky, Especially If You Don’t Inform The Agency

Proskauer - Labor Relations Update on

The last few decisions issued by the NLRB have addressed a wide spectrum of rather unique situations. Just in the last several days we saw decisions involving a combative registered nurse and a human resources representative...more

Bradley Arant Boult Cummings LLP

Bring in the TV Cameras: NLRB and D.C. Circuit Find Employees Airing Grievance in Media is Protected Activity

Bradley Arant Boult Cummings LLP on

An employee goes on television and maligns his bosses for a new company policy with half-truths—and his bosses fire him for disloyalty. Sounds justified, right? Wrong. A National Labor Relations Board (NLRB) decision...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Hinshaw & Culbertson LLP

Aching Joints: Franchisor Avoids Liability for Franchisee's Labor Disputes

Hinshaw & Culbertson LLP on

Any time an employer is involved in a franchise relationship, there are bound to be unique issues when legal disputes arise, particularly in the employment context. It is no longer surprising to see the names of any and all...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide