NLRA, Title VII | JD Supra

Managing Political Speech in the Workplace

Husch Blackwell LLP on 9/9/2024

As the 2024 general election draws near, employers can anticipate a rise in political expression from employees both inside and outside of the workplace. Political speech encompasses a broad array of activities, extending far...more

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

Proskauer - Labor Relations Update on 9/5/2024

On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more

Talking politics: Is political speech in the workplace legally protected?

McAfee & Taft on 8/27/2024

With another presidential election only a few months away, escaping coverage and conversations about candidates and campaigns seems nearly impossible. While there is nothing new about political coverage increasing during an...more

#NoFilter: Outside-of-Work Social Media Posts Can Create a Hostile Work Environment

Cozen O'Connor on 8/16/2024

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a...more

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

Biting the hand that feeds you. Don’t bite back.

Constangy, Brooks, Smith & Prophete, LLP on 5/10/2024

You’ve got an employee who is an outspoken critic of your company’s equal employment policies or practices. He or she has violated your dress code by wearing anti-discrimination messages, fomented discontent amongst your...more

U.S. Labor Department Issues Final Rule on Independent Contractors

Holland & Knight LLP on 1/12/2024

The U.S. Department of Labor (DOL) published its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA) on Jan. 10, 2024. The final rule is effective March 11, 2024. It...more

The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

Venable LLP on 11/28/2023

Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more

The “Joint Employer” Pendulum Swings Again. Or Does It?

Gould + Ratner LLP on 11/22/2023

For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

New York State Enacts New Employee-Friendly Legislation Affecting Employers

Goldberg Segalla on 9/12/2023

Key Takeaways - New York State Penal Law amendments strengthen penalties for employers guilty of wage theft. New York State prohibits employer mandatory meetings on political and religious matters....more

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on 7/18/2023

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Beltway Buzz - July 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/10/2023

SCOTUS Recap. Because the Buzz was away briefly, we want to make sure that our readers have seen the thoughtful insights prepared by our colleagues on the impacts to employers stemming from the Supreme Court of the United...more

Busy Inside the Beltway: Recent Activity by the DOL, EEOC, NLRB and FTC

BCLP on 6/8/2023

Federal agencies responsible for employment-related matters have been busy in recent weeks issuing guidance, updated workplace posters, and more. Let’s get caught up...more

Supreme Court Paves a Way for Union Strike Damage Claims

Sherman & Howard L.L.C. on 6/6/2023

In an almost unanimous decision, the Supreme Court held that an employer could pursue tort claims against a union for destruction of property during a strike notwithstanding the broad doctrine of preemption under the National...more

NLRB Nixes Short-Lived One-Size-Fits-All Approach to Abusive Conduct Cases

Vinson & Elkins LLP on 5/19/2023

Employers (hopefully) are aware that their employees are afforded certain rights under the National Labor Relations Act (the “NLRA” or “Act”), including the right to self-organization, to bargain collectively, and to engage...more

Court's Bench-slap of NLRB Whipsaws Employers, Unions, Arbitration, & Even the First Amendment

Sherman & Howard L.L.C. on 5/15/2023

The Eleventh Circuit Court of Appeals recently issued a decision that is highly critical of the NLRB, yet its end result promises significant mischief when it comes to employment litigation. International Brotherhood of...more

NLRB Ruling Limits Employers’ Ability to Discipline in Response to Abusive Conduct

Smith Gambrell Russell on 5/8/2023

On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers LLC II, 372 NLRB No. 83 reversing its 2020 ruling in General Motors LLC, 369 NLRB No. 127, and creating an inconsistent...more

NLRB Returns to Liberalized Section 7 Protection for Workplace Misconduct Incidents

Morgan Lewis on 5/5/2023

The National Labor Relations Board’s recent decision in Lion Elastomers reinstated setting-specific standards to assess how employers respond to employee misconduct, including potentially profane, discriminatory, and...more

NLRB Embraces ’Animal Exuberance’ & Rejects Title VII

Sherman & Howard L.L.C. on 5/2/2023

Employees who utter racial epithets, launch outbursts, and otherwise engage in harassing, disruptive, or offensive behavior are once again protected by the National Labor Relations Act (“Act”). The National Labor Relations...more

OFCCP Week In Review - March 2023 #4

DirectEmployers Association on 3/27/2023

...DHI Group Inc. (“DHI”) is a job-search website operator posting corporate job vacancies for technology professionals on its Dice.com website. DHI has now agreed to settle numerous U.S. Equal Employment Opportunity...more

When Employment and Traditional Labor Collide: Whole Foods Wins One in the Ongoing Legal Battle Concerning Black Lives Matter...

Sherman & Howard L.L.C. on 1/31/2023

Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more

The National Labor Relations Act › Title VII