News & Analysis as of

The National Labor Relations Act Hiring & Firing

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 -

Top Five Labor Law Developments For September 2017

by Jackson Lewis P.C. on

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

Key California Employment Law Cases: September 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour issues, arbitration, and employment discrimination based on marital status....more

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

by Proskauer - Labor Relations on

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more

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

by Littler on

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

I-15 – Turning the Table: An Interview with the Podcast Host on Protected Employee Activity

by Cozen O'Connor on

This episode replays an interview of the podcast host, Mike Schmidt, that was originally aired on SiriusXM Channel 111, The Business Channel. Mike discusses the nature of adverse actions taken by employers due to employee...more

Discharge Of Employee Who Protested Illegal Policy By Himself Ran Afoul Of NLRA, Federal Appeals Court Rules

by Jackson Lewis P.C. on

An employee who was discharged after protesting an admittedly illegal policy was entitled to reinstatement and back pay despite having acted on his own, the federal appeals court in New York has ruled, enforcing a National...more

Racism in Your Spare Time: What Are The Legal Limits for Employers?

by Kelley Drye & Warren LLP on

On Saturday, August 12, as the nation watched, protests in Charlottesville, Virginia regarding the anticipated removal of a statue of Confederate general Robert E. Lee turned deadly. In the days and weeks after, both the...more

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

by Fisher Phillips on

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

Employer Discretion to Terminate Employees for Off-Duty Conduct in the Age of Charlottesville

by Clark Hill PLC on

Before the rise of social media, employees' off-duty conduct was generally unknown to an employer, even if that conduct involved violence or unlawful conduct. On August 12, 2017, it took mere hours before the participants in...more

Executive Labor Summary - July / August 2017

NEWS & ANALYSIS Changing of the guard at the NLRB: Two steps forward, and one step back - One of President Trump’s nominees for the National Labor Relations Board, Marvin E. Kaplan, was confirmed by the Senate on August 2...more

D.C. Circuit Weighs in on Employee’s Right to Union Representation at Disciplinary Meetings

by PilieroMazza PLLC on

In a recent ruling, the U.S. Court of Appeals for the D.C. Circuit has shed light on the scope of an employee’s right to union representation at an investigatory interview conducted by the employer. The prior case of NLRB v....more

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

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

Political Speech, Discrimination and the Law: How Employers Should Respond to Charlottesville

The recent tragic events in Charlottesville, Virginia and other news regarding the activities of white supremacists and similar groups, have served as a rude awakening for many that our national reality has shifted. These...more

DOL Withdraws Guidance Letters Leaving Employers to Pick up the Pieces

On June 7, 2017, the U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s (“DOL”) guidance on independent contractors and joint employment issued during the Obama administration,...more

The NLRB/EEOC Landmine – When Does Offensive Speech Amount to Protected Activity?

Employers need to be on the lookout for instances of offensive employee speech, which may put them between a rock and a hard place as they navigate potential claims under either anti-discrimination laws or federal labor laws....more

Can You Fire an Employee Involved in Racist Protests? Should You?

by FordHarrison on

Following recent events in Charlottesville, Virginia involving a “Unite the Right” rally organized by multiple white nationalist groups protesting the removal of a statue of Robert E. Lee, which turned violent and ended in...more

Fired Google Manifesto Author Files Unfair Labor Practice Charge: Did He Engage In Protected Activity?

by McGuireWoods LLP on

A Google engineer was fired last week after circulating a 3,000 word memorandum, among other things, criticizing the tech giant’s approach to diversity issues and questioning the root causes of the industry’s gender gaps. He...more

Top Five Labor Law Developments For July 2017

by Jackson Lewis P.C. on

1.The U.S. Senate narrowly confirmed Marvin Kaplan to one of two vacant seats on the National Labor Relations Board on August 2, 2017. Kaplan was sworn in on August 10. Kaplan is a former counsel to the Commissioner of the...more

Q And A On The Recent Controversy

On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want...more

Brief Answers To Frequently Asked Employment- Related Questions

by Payne & Fears on

With potential deregulation at the federal level and variance among the states, keeping up with employment law can be challenging. Here are some brief answers to employment-related questions frequently asked by corporate...more

Two Employees, Social Media, An Unlawful Policy ... What Could Possibly Go Wrong?

The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology. In reality, the legal standard for evaluating whether conduct is protected concerted activity did not change. Rather, all...more

No Union Protection for Employees “Sick” Over No Paid Absences

Can employees protest a company sick leave policy with an internet meme that suggests the company’s food is not safe? Not according to a recent Eighth Circuit decision. MikLin (doing business as Jimmy John’s in Minnesota)...more

Seventh Circuit Upholds Wisconsin’s Right-To-Work Law

by SmithAmundsen LLC on

On July 12, 2017, a three judge panel in the seventh circuit unanimously affirmed District Judge J.P. Stadtmueller’s ruling dismissing a lawsuit filed by two International Union of Operating Engineers (IUOE) locals that...more

Digital Disruptions: Handling Social Media Misuse By Students And Educators

by Fisher Phillips on

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Eighth Circuit Rules that Jimmy John’s Employees’ “Disloyal” Attacks Lost Protection of the NLRA

On July 3, 2017, the Eighth Circuit overturned a National Labor Relations Board (the “Board”) decision finding that a Jimmy John’s franchisee, MikLin Enterprises, Inc. (“MikLin”) violated the National Labor Relations Act...more

190 Results
|
View per page
Page: of 8
Cybersecurity

"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 using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.