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The National Labor Relations Act › At-Will Employment

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Lowenstein Sandler LLP

Private Employer May Terminate Employee for Racially Insensitive Social Media Post

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Last week the New Jersey Appellate Division affirmed the dismissal of a lawsuit by an employee who alleged she had been wrongfully terminated based on her controversial Facebook post. In so doing, the court held that the...more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

Constangy, Brooks, Smith & Prophete, LLP on

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

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

New York City Says Goodbye to At-Will Employment for the Fast Food Industry

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

On January 5, 2021, New York City Mayor Bill de Blasio signed legislation that effectively ends at-will employment for fast food employees in New York City. The new law takes effect on July 4, 2021, and would make New York...more

Seyfarth Shaw LLP

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

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Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

Cozen O'Connor

Employment Law Now IV-65- The Great Debate Part 2: Employee Lawyer vs. Employer Lawyer

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This is Part 2 of Mike Schmidt's 2-part episode pitting employee/plaintiff-side lawyer Hope Pordy, Esq. against employer/defendant-side lawyer Jeremy Glenn, Esq. to finish debating some interesting HR topics....more

Burr & Forman

The state of at-will employment in South Carolina

Burr & Forman on

My articles usually analyze a particular case and the impact of the court's decision on the relationship between employers and employees. With the release of a number of decisions addressing employment at will earlier this...more

Maynard Nexsen

New Year, New Resolutions: Reviewing, Updating and Even Eliminating Policies

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For employers across the Carolinas, the New Year presents the ideal opportunity to review and update important company policies. In some instances, there may be policies that need to be eliminated altogether. This article...more

McGuireWoods LLP

Labor Law 2016: A Year In Review

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Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

McGuireWoods LLP

Labor Relations Today: 2016 Year In Review

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Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Zelle LLP

That is SO last week - October 2015 #4

Zelle LLP on

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

Jaburg Wilk

The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

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Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that...more

Bond Schoeneck & King PLLC

Update: The NLRB and Employment-At-Will Policies in 2014

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We originally addressed this topic on November 9, 2012, discussing the National Labor Relations Board’s scrutiny of employer handbooks containing employment-at-will provisions. Since these disclaimers are widely used in...more

Epstein Becker & Green

Act Now Advisory: Overbroad Handbook Policies May Constitute Unfair Labor Practices

Epstein Becker & Green on

At-will disclaimers in employee handbooks may provide protection from contract claims, but a recent decision by a National Labor Relations Board ("NLRB") Administrative Law Judge ("ALJ") serves to remind employers that the...more

Maynard Nexsen

Employment and Labor Law Final Exam Answer Key

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Thank you to everyone who responded to this year’s Employment and Labor Law Final Exam. We hope the exercise was challenging and informative. Congratulations to our winners, Melissa Nance (Sumter, SC) and Carol Williams...more

Baker Donelson

NLRB Takes Aim at Non-Union Employers

Baker Donelson on

The National Labor Relations Board (NLRB) recently handed down a series of decisions that challenged the fundamental tenet of the employee-employer relationship: at-will employment. This new affront came on the heels of a...more

Eversheds Sutherland (US) LLP

Non-Unionized Employers: The NLRB Commands Your Attention

Eversheds Sutherland (US) LLP on

Many non-unionized employers might be surprised to learn that they, too, are governed by the National Labor Relations Board (NLRB). In fact, in 2012, the NLRB launched a website directed at non-union employees, which details...more

Spilman Thomas & Battle, PLLC

The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers

Spilman Thomas & Battle, PLLC on

In 2012, the National Labor Relations Board (NLRB) set the business community atwitter when an administrative law judge in American Red Cross decided that an at-will disclaimer in an employee handbook violated the National...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2012 Year in Review

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Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

Pierce Atwood LLP

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

Pierce Atwood LLP on

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more

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

NLRB Issues New Guidance on At-Will Disclaimers

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

The Office of the General Counsel (GC) of the National Labor Relations Board (NLRB or Board) recently issued two advice memoranda that shed some light on the legality of employers’ “at-will” disclaimers in employee handbooks...more

Burr & Forman

Do Employers Need Policy Reviews Following The Election?

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The election is over, so now what? Elections have consequences, and the consequence of this election for employers' employment policies is breathtaking. Have an arbitration policy? It is likely unenforceable. Rules protecting...more

Bracewell LLP

NLRB Advice on Lawful Employment At Will Provisions Under the NLRA

Bracewell LLP on

On October 31, 2012, the National Labor Relations Board (NLRB) Office of General Counsel (G. C.) issued two Advice Memoranda clarifying whether employment at-will language in an employee handbook, applications or other...more

McNees Wallace & Nurick LLC

NLRB Provides New Guidance on At-Will Employment Provisions

McNees Wallace & Nurick LLC on

On October 31, 2012, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued two advice memoranda addressing at-will provisions in employee handbooks. In both cases, the NLRB concluded that the...more

Fisher Phillips

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

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The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

FordHarrison

Snap Back to Reality: NLRB Steps Back from the Ledge on Employment At Will

FordHarrison on

Executive Summary: Following recent attacks on the employment at-will doctrine by one of the NLRB's Regions, the Board has stepped its position back somewhat, issuing two Advice Memorandums through its Associate General...more

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